Santa Cruz Portland Cement Co. v. Young

Plaintiffs appeal from a judgment entered pursuant to an order sustaining without leave to amend defendants’ demurrer to a petition for a writ of mandate to compel defendants, members of the City Council of San Jose, to levy a reassessment on certain real property described in the petition. The demurrer was sustained on the ground that the petition showed on its face that the cause of action was barred by the statute of limitations, and by laches. The appeal approaches the frivolous, as the allegations of the complaint definitely demonstrate that the cause of action is barred by the statute…