6 P.2d 976 | Cal. Ct. App. | 1932
In each of the above-entitled actions a motion to strike the cost bill of the Los Angeles Rock Gravel Company was made and denied. From the order (called "judgment") denying the motions to strike in each of these cases appeals were taken. By stipulation in this court, the three appeals were consolidated for hearing; "based upon the fact", the stipulation recites, "that the appeals taken in said causes all involved the same point".
Each of the motions made in the court below was noticed "upon the grounds that said Memorandum of Costs and Disbursements was not filed and served, as required by section
[2] The memoranda of costs, which it was moved to strike, appeared on their face to be and admittedly were for costs on appeal. It was not a ground for striking them, therefore, that compliance with section
Although, for the reason already given, appellants are not in a position to urge the remaining points appearing for the first time in their opening brief, lest it seem that an injustice is being done the city of Los Angeles by reason of the limited content of the notices to strike the memoranda of costs, we call attention to two matters appearing of record. [4] In action numbered Civil 6977, the nominal plaintiff is the People of the State of California; the city of Los Angeles is not named a party. Costs were adjudged to be paid by the city. The nominal appellant is the People, not the city. If the actual plaintiff-appellant is the People and not the city, it is not affected by the judgment for costs against the city, and its appeal is without merit. If the plaintiff-appellant is actually the city suing in the name of the People, the costs were properly assessed, and the appeal is without merit.
[5] As to the point that the same tax bill was filed three times, any harm the city might suffer is cured by the provision of the orders appealed from, that there may be only one recovery. Here again the objection is at best to a matter of form, and not of substance, so far as the city is concerned.
We are forced to conclude that these consolidated appeals were taken for purposes of delay, and not to serve the ends of justice. We know of no reason why the city of Los Angeles, the real appellant, should be treated any *552 differently from any other party who makes use of the processes of appeal from other than a worthy motive. The orders, called judgments, appealed from are affirmed, and in addition to the costs on appeal otherwise to be taxed against appellant city in actions numbered Civil 6978 and 6979, in each action the city shall be taxed, as costs, the sum of $100.
Conrey, P.J., and Houser, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on February 4, 1932, and an application by appellants to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on March 7, 1932.