Legal Opinion

Wheeler v. City of Santa Monica

California Court of Appeal

Decided May 3, 1990No. B040523PublishedCited by 5 opinions

1Opinion of the Court

Opinion

GOERTZEN, J.

Plaintiff/appellant Leo Wheeler (appellant) appeals from a judgment of dismissal for failure to bring an action to trial within five years. (Code Civ. Proc., § 583.360.)1 He relies upon section 583.340, subdivision (a), which provides for a tolling of the five-year statute for periods during which “the jurisdiction of the court to try the action was suspended”; and, alternatively, upon Moran v. Superior Court (1983) 35 Cal.3d 229 [197 Cal.Rptr. 546, 673 P.2d 216], which, in part, held that the time between the filing of an arbitration award and the date the trial de novo is…

2Cases cited5 opinions

  1. Moran v. Superior CourtCalifornia Supreme Court · 1983
  2. Santa Monica Hospital Medical Center v. Superior CourtCalifornia Court of Appeal · 1988
  3. Moore v. PowellCalifornia Court of Appeal · 1977
  4. Schwenke v. J & P SCOTT, INC.California Court of Appeal · 1988
  5. Chapin v. Superior CourtCalifornia Court of Appeal · 1965

3Cited by5 opinions

  1. Williams v. Los Angeles Unified School DistrictCalifornia Court of Appeal · 1994
  2. Messih v. LevineCalifornia Court of Appeal · 1991
  3. Messih v. LevineCalifornia Court of Appeal · 1991
  4. Wheeler v. City of Santa MonicaCalifornia Court of Appeal · 1990
  5. Williams v. Los Angeles Unified School DistrictCalifornia Court of Appeal · 1994

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API