2005 California Streets and Highways Code Sections 5410-5423 CHAPTER 18. COLLECTING THE ASSESSMENT BY ACTION

5410.  The provisions of this chapter shall not be applicable to
assessments represented by the issuance of bonds nor to assessments
collected on the tax rolls but shall be applicable only to other cash
assessments levied pursuant to this division.
5411.  At any time after the first day of July next succeeding nine
months following the date of recording the assessment, the contractor
or his assignee may sue in his own name the owner of the land, lots
or portions of lots assessed on the day of the date of the recording
of the warrant, assessment and diagram, and recover the amount of any
assessment remaining unpaid together with interest and any penalties
allowed under this chapter.  If any State, county or municipal taxes
or any other special assessment is delinquent on the property the
action may be brought at any time after 90 days after the recording
of the assessment.
5412.  When an action has been brought for the recovery of any
assessments, the plaintiff shall be entitled to have and recover
attorney fees on each assessment sued on.  If the action is settled
or a tender made prior to the trial of the action, or if judgment is
taken on default, the attorney's fees shall be five dollars ($5) plus
one dollar ($1) additional for each lot or parcel of land included
in one action.  If the action proceeds to trial the court having
jurisdiction of the cause shall fix and allow a reasonable attorney
fee, which shall not exceed fifteen dollars ($15) plus one dollar
($1) additional for each lot or parcel of land included in one
action.  The attorney's fee in either case shall be in addition to
all taxable costs and the plaintiff may have judgment therefor.
5413.  If the court finds an unnecessary number of actions have been
brought, where the parties are identical, it may allow the costs of
one action only.
5414.  An action for the recovery of any assessment may be brought
in the superior court within whose jurisdiction the city is, in which
the work has been done.  If any of the assessments are made against
lots, portions of lots, or lands, the service of process in the
action may be made in the manner prescribed by law.  A single action
may be brought under any assessment irrespective of the number of
lots assessed where the parties defendant are identical.  If separate
actions are brought, they may be consolidated by order of the court.
5415.  The warrant, assessment and diagram, with proof of nonpayment
shall be prima facie evidence of the regularity and correctness of
the assessment and of the prior proceedings and acts of the
superintendent of streets, and the legislative body upon which the
warrant, assessment and diagram are based, and prima facie evidence
of the right of the plaintiff to recover in the action.
5416.  The plaintiff in such action may recover the cost of any
abstract or report of search of title procured in good faith in order
to determine ownership.  The search shall be made by a reputable
abstractor or title company and the cost shall not exceed five
dollars ($5) per lot.  The abstract or report of search together with
the affidavit of payment shall be filed in the action.
5417.  In a complaint in any action for the recovery of an
assessment it shall be sufficient to allege briefly that the
legislative body ordered the work, the performance of the work under
the contract, the making of the assessment, the issuing of the
warrant and the making of the diagram; that an assessment (naming the
amount) was levied against that certain lot or parcel of land
(describing it) which, according to the information and belief of the
plaintiff, is owned by the defendant; and that payment of the
assessment has not been made.
5418.  In describing a lot or parcel of land in a complaint for the
recovery of any assessment it shall be sufficient to refer to the
same by its number upon the diagram; provided, a certified copy of
the warrant, assessment and diagram shall have been previously filed
in the office of the recorder of the county in which the lot or
parcel of land is situated.  It shall be the duty of the recorder to
so file any such certified copy presented to him upon payment of the
filing fee.
5419.  Upon the entry of judgment or dismissal of the action the
clerk of the court shall forthwith mail to the street superintendent
of the city having jurisdiction over the proceeding in which the
assessment was levied, a certified copy of the judgment or other
evidence sufficient to advise the street superintendent of the
judgment of the court in the action.
5420.  If the contractor or his agent or any person acting in behalf
of the contractor shall, prior to the filing of a complaint for the
recovery of any assessment, or subsequent to the filing of the action
and prior to the allowance of attorney fees and costs, make any
written demand upon or present any bill or notice in writing to the
owner, demanding, requesting or notifying such owner to pay or that
there is due, attorney's fees or court costs in connection with the
collection of the assessment, then the superintendent of streets is
authorized, upon written demand of the owner, accompanied by the
affidavit of the owner, that such written demand, bill or notice for
the payment of attorney's fees and costs, or either thereof, was made
upon or presented to such owner prior to the commencement of the
action, or subsequent to the filing of the action and prior to the
allowance of attorney's fees and costs, together with such written
demand, bill or notice to mark said assessment "paid" and such
assessment shall thereby be deemed to be paid and the lien thereof
released.  This section shall not apply to the service of summons and
complaint in a civil action.
5421.  If an action is brought for the recovery of any assessment
prior to the time permitted for bringing such action, the plaintiff
shall not recover and the defendant shall be entitled to have and
recover such attorney's fees as the court may deem reasonable in
addition to all taxable costs and he may have judgment therefor.
5422.  The court in which an action for the recovery of an
assessment is commenced shall have power to adjudge and decree a lien
against the premises assessed, and to order such premises to be sold
on execution, as in other cases of the sale of real estate by the
process of the courts.  On appeal, the appellate courts shall be
vested with the same power to adjudge and decree a lien and to order
such premises to be sold on execution or decree as is conferred on
the court from which an appeal is taken.
5423.  In all actions now pending or hereafter brought under this
division to recover street assessments, the proceedings therein shall
be governed and regulated by the provisions of this division, and
also, when not in conflict herewith, by the laws of this State.