Kowalski v. Cohen

Plaintiff appeals from an order dated March 5, 1965, dismissing his action for failure to bring the matter to trial within the time required by section 583 of the Code of Civil Procedure. Plaintiff argues that: (1) the court was without jurisdiction to grant defendants’ motion for dismissal as the proper notice was not given; (2) the five-year statutory limitation provided for in said section ran from the time of the filing of the amendment to the original complaint; (3) defendants’ claim for separate affirmative relief and damages prevented a dismissal; and (4) defendants produced no…