Legal Opinion
Nanfito v. Superior Court
California Court of Appeal
Decided December 31, 1991No. G011587PublishedCited by 12 opinions
1Opinion of the Court
Opinion
CROSBY, J.
Does the superior court retain jurisdiction to dismiss litigation for failure to diligently prosecute (Code Civ. Proc., §§ 583.410, 583.420) after submission of the cause to judicial arbitration? Yes.
I
Hye Cha Ice filed a tort action against Mary Nanfito on August 26, 1986. The at-issue memorandum did not follow until June 1991, two months before the lawsuit’s fifth anniversary. At that time plaintiff also unilaterally elected to submit the case to arbitration.
Nanfito responded with a motion to dismiss for failure to diligently prosecute. On July 11, 1991, before the motion…
2Cases cited11 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Preston v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 1981
- Byerly v. SaleCalifornia Court of Appeal · 1988
- Lockhart-Mummery v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 1980
- Young v. Ross-Loos Medical Group, Inc.California Court of Appeal · 1982
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brock v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 1992
- Blake v. EckerCalifornia Court of Appeal · 2001
- Gaines v. Fidelity National Title Insurance Co.California Supreme Court · 2016
- SWAB FINANCIAL v. E Trade SecuritiesCalifornia Court of Appeal · 2007
- Titan/Value Equities Grp., Inc. v. Superior Court of San Diego Cty.California Court of Appeal · 1994
7 more not listed; retrieve them via the Exa API.