Legal Opinion

Karubian v. Security Pacific National Bank

California Court of Appeal

Decided February 22, 1984No. Civ. 67132PublishedCited by 19 opinions

1Opinion of the Court

Opinion

COMPTON, J.

Plaintiffs in an action for negligent damage to real property appeal from a judgment entered pursuant to Code of Civil Procedure section 583, subdivision (b) for failure to bring the matter to trial within five years after the filing of the complaint. We affirm.

The judgment of dismissal followed the trial court’s denial of plaintiffs’ motion, pursuant to then rule 225 1 of the California Rules of Court, to specially set the matter for trial, which motion was noticed just 40 days prior to the expiration of the 5-year period.

Plaintiffs, claiming to have proceeded diligently in…

2Cases cited5 opinions

  1. Wyoming Pacific Oil Co. v. PrestonCalifornia Supreme Court · 1958
  2. Moran v. Superior CourtCalifornia Supreme Court · 1983
  3. Hocharian v. Superior CourtCalifornia Supreme Court · 1981
  4. Westinghouse Electric Corp. v. Superior CourtCalifornia Court of Appeal · 1983
  5. General Insurance v. Superior CourtCalifornia Court of Appeal · 1966

3Cited by19 opinions

  1. Salas v. Sears, Roebuck & Co.California Supreme Court · 1986
  2. Howard v. Thrifty Drug & Discount StoresCalifornia Supreme Court · 1995
  3. Hill v. BinghamCalifornia Court of Appeal · 1986
  4. Gallenkamp v. Superior CourtCalifornia Court of Appeal · 1990
  5. Cannon v. City of NovatoCalifornia Court of Appeal · 1985

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