Cubit v. Ridgecrest Community Hospital
California Court of Appeal
1Opinion of the Court
Opinion
BEST, J.
Plaintiffs appeal from a judgment dismissing their complaint pursuant to Code of Civil Procedure section 583, subdivision (a) (discretionary dismissal for failure to bring the action to trial within two years). Plaintiffs contend the trial court abused its discretion in dismissing their complaint. We agree and reverse the judgment.
Facts
Arthel Cubit died on January 20, 1980, survived by his wife and 12 children who are the plaintiffs in this action. On January 19, 1981, plaintiffs filed a medical malpractice action in Kern County Superior Court against, among others, defendant…
2Cases cited22 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
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- Hocharian v. Superior CourtCalifornia Supreme Court · 1981
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