City of Los Angeles v. Board of Supervisors

This is a motion to dismiss the appeal herein on the ground that the appellant has failed to file its opening brief in due time. The appellant has applied to be relieved from such default on the grounds of inadvertence and excusable neglect.

The appeal is from a judgment denying appellant’s application for a writ of mandate to compel the cancellation, pursuant to the provisions of section 3804a of the Political Code, of all assessment certificates of sale for delinquent taxes and tax deeds of its lands in Mono County, on the ground that such land is exempt from taxation.

The transcript on appeal was filed in the Supreme Court June 20, 1929. Appellant’s time to file its opening brief was extended by stipulation to January 1, 1930. On February 18, 1930, respondents filed notice of motion to dismiss the appeal on the ground stated. Thereafter the cause was transferred to this court and on March 1st respondents filed notice that they would move for a dismissal of the appeal on March 24th on the ground stated in the first notice. Appellant’s opening brief was delivered to the clerk of this court on March 20th and its application to be relieved from its default was filed on the same…