Docket No. 23408. April 16, 1981. Appeal from Superior Court of Orange County, No. 315593, Lester Van Tatenhove, Judge. COUNSEL William K. Maas, Jr., and Meredith Bradford for Defendants and Appellants. James J. Clancy for Plaintiff and Respondent. OPINION MORRIS, J. This is the third appeal between these parties to be decided by this court within the last 15 months. In this case, as in the previous two, the Santa Ana City Attorney brought suit, pursuant to Code of Civil Procedure section 731, against