Mono Power Co. v. City of Los Angeles

The action was to condemn to plaintiff’s use certain land situated in Mono County in which defendant is alleged to have an interest. The complaint was filed January 13,1913, and defendant answered June 28, 1915. Thereafter, defendant gave notice that, on September 1, 1915, it would move for a change of the place of trial from Moño County “to the superior court of such county of the state of California, as the parties to the above-entitled cause may agree upon, by stipulation in writing, or, made in open court, and entered in. the minutes, or, if they do not agree, then the nearest or most accessible court, where the like objection or cause for making the order does not exist. Said motion will be made upon the ground that the said proceeding is brought against the city in a county in which the plaintiff is doing business.” The motion was made under section 394 of .the Code of Civil Procedure, upon the papers, files, and records of the court, in said action and upon the affidavit of S. B. Robinson, one of the attorneys for defendant, in which he deposed that “the defendant, City of Los Angeles, is a city situated in the county of Los Angeles, state of California, and plaintiff, Mono…