Legal Opinion

Messih v. Levine

California Court of Appeal

Decided March 12, 1991No. B046114PublishedCited by 1 opinion

1Opinion of the Court

*456Opinion

WOODS (Fred), J.

Almost seven years after it was filed, a complaint was dismissed pursuant to the mandatory five-year dismissal statute (Code Civ. Proc.,1 § 583.3102). Appellant claims the limitation period was automatically tolled by his postarbitration trial de novo request, by the filing of his appeals, and because it was “impossible, impracticable, or futile” (§ 583.340) to bring the action to trial sooner. We reject appellant’s claims and aifirm the judgment.

Procedural Background

On November 22, 1982, appellant, a pharmacist, filed a four-count complaint alleging wrongful…

2Cases cited22 opinions

  1. Christin v. Superior CourtCalifornia Supreme Court · 1937
  2. Moran v. Superior CourtCalifornia Supreme Court · 1983
  3. State of California v. Superior CourtCalifornia Court of Appeal · 1979
  4. Hill v. BinghamCalifornia Court of Appeal · 1986
  5. Santa Monica Hospital Medical Center v. Superior CourtCalifornia Court of Appeal · 1988

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3Cited by1 opinion

  1. Messih v. LevineCalifornia Court of Appeal · 1991

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