Tresway Aero, Inc. v. Superior Court

I dissent.

Although, like the majority, I cannot look with approval on “defendant’s maneuver in getting additional time to plead,” I cannot agree with them that such conduct operated to estop defendant from seeking dismissal on the ground of noncompliance with section 581a of the Code of Civil Procedure.1 Neither can I agree with the strong implication of the majority —albeit in dictum—that in analogous circumstances a defendant would be estopped to seek dismissal under section 583 for failure to bring an action to trial within five years.

In sum, the majority in their efforts to fashion a…