Kruly v. Superior Court

In an action commenced in the Superior Court of Los Angeles County against the petitioners herein, as defendants, the plaintiff, pursuant to all preliminary proceedings the regularity of which is not in question, introduced his evidence and rested. Some years thereafter the same was reset, whereupon the said defend ants moved to dismiss the action upon the ground that section 583 of the Code of Civil Procedure constituted a mandatory legislative cessation of the cause of action. Said section recites, in part: “ . . . Any action heretofore or hereafter commenced shall be dismissed by the court…