First National Bank of Venice v. City of Los Angeles

In this action the plaintiff obtained judgment against the City of Venice for balance due on a contract for a municipal improvement constructed for the city by plaintiff’s assignor. The judgment was entered October 28, 1925. Thereafter, in accordance with the provisions of law governing such matters, the City of Venice was consolidated with the City of Los Angeles. On December 1, 1931, the court made and entered its order granting a motion of the plaintiff for the substitution of the City of Los Angeles as defendant instead of the City of Venice; and further provided that the judgment be enforced and carried into execution against said substituted defendant and said judgment revived; and the clerk was directed to issue a writ of execution on the judgment as so revived. From this order the defendant appealed.

Briefs having been filed on behalf of appellant and on behalf of respondent, now comes respondent and presents this motion asking that the appeal be dismissed or in the alternative that the order be affirmed upon the ground that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument, and upon the further ground that the…