Legal Opinion
Bright v. American Termite Control Co.
California Court of Appeal
Decided May 4, 1990No. B042609PublishedCited by 7 opinions
1Opinion of the Court
Opinion
BOREN, J.
Plaintiff in intervention, Allstate Insurance Company (Allstate), appeals following the dismissal of its complaint in intervention for want of prosecution since the action was not brought to trial within the mandatory five-year period. (Code Civ. Proc., §§ 583.310 and 583.360.) We hold that where the complaint in intervention by an insurer claiming property subrogation rights states essentially the same causes of action against the defendants as are stated in the plaintiff’s original complaint, the five-year dismissal period runs from the date the original action is commenced…
2Cases cited8 opinions
- General Motors Corp. v. Superior CourtCalifornia Supreme Court · 1966
- Ferraro v. Southern California Gas Co.California Court of Appeal · 1980
- Tomales Bay Oyster Corp. v. Superior CourtCalifornia Supreme Court · 1950
- Ventura County Employees' Retirement Ass'n v. PopeCalifornia Court of Appeal · 1978
- Deutschmann v. Sears, Roebuck & Co.California Court of Appeal · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Allstate Insurance v. LooCalifornia Court of Appeal · 1996
- Allstate Insurance v. Mel Rapton, Inc.California Court of Appeal · 2000
- Nathan A. Watson Co. v. Employers Mutual Casualty Co.Court of Appeals of Texas · 2007
- Low v. Golden Eagle InsuranceCalifornia Court of Appeal · 2002
- Great American Insurance Companies v. Gordon Trucking, Inc.California Court of Appeal · 2008
2 more not listed; retrieve them via the Exa API.