Rowland

The cause pending herein is an appeal from an order of the Superior Court of Los Angeles County, denying an application for change of place of trial of the action from the Superior Court of the County of Los Angeles to the Superior Court of the City and County of San Francisco. The transcript was filed on November 19, 1931, and appellant’s brief was filed on December 22, 1931. Upon application of the attorney for respondent his time for filing brief was extended to February 1, 1932. . No further extension of time was requested or granted and no brief has been filed for respondent. On this condition of the record appellant has submitted his motion that the cause be submitted for decision upon appellant’s brief.

In rule V, section 1, of the rules of this court, it is provided that if respondent shall not file Ms points and authorities within the time allowed therefor, the cause may be submitted for decision upon appellant’s brief, in which case the court may, in its discretion, decide the case upon the statement of facts contained in such brief. It appears that the motion is meritorious and should be granted. We will therefore proceed to determine the appeal on its merits.

This…