Gentry v. Nielsen

Opinion

BLEASE, J.

Plaintiff George Gentry appeals from a judgment of dismissal entered after the Placer County Superior Court granted defendants’ motion to dismiss based upon Gentry’s failure to bring the action to trial within five years from the date upon which the action was filed. (Code Civ. Proc., § 583, subd. (b).) We hold that the mere granting of an open extension of time to answer, which is exercised two years prior to the expiration of the five-year dismissal period of section 583, subdivision (b), does not waive or toll the statutory period where the plaintiff had the opportunity to…