Samuels v. Sabih

Opinion

HASTINGS, J.

The issue raised by this appeal is whether a defendant, who has been successful in having the plaintiff’s cause of action dismissed because it was not brought to trial within five years, is entitled to attorney’s fees pursuant to section 1717 of the Civil Code.

The five-year history of the litigation is as follows:

Plaintiffs filed their complaint on April 6, 1967, for specific performance and appointment of a receiver under and by virtue of a note secured by a deed of trust in the amount of $75,000. Plaintiffs sought a preliminary injunction, an appointment of a receiver,…