Legal Opinion
Schwenke v. J & P SCOTT, INC.
California Court of Appeal
Decided October 13, 1988No. H003318PublishedCited by 10 opinions
1Opinion of the Court
Opinion
BRAUER, J.
Plaintiff Robert Schwenke appeals from a judgment of dismissal for failure to bring an action to trial within five years of its commencement. He relies upon section 583.340, subsections (a) and (c), which provide for a tolling of the five year statute for periods during which “the jurisdiction of the court to try the action was suspended,” or it was otherwise “impossible, impracticable, or futile” to bring the action to trial. We find that these provisions do not operate to relieve Schwenke from the five-year bar and accordingly we affirm the judgment of dismissal.
Background
On…
2Cases cited12 opinions
- Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
- City and County of San Francisco v. FarrellCalifornia Supreme Court · 1982
- Moran v. Superior CourtCalifornia Supreme Court · 1983
- Crown Coach Corp. v. Superior CourtCalifornia Supreme Court · 1972
- Kee v. BeckerCalifornia Court of Appeal · 1942
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brock v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 1992
- Ocean Services Corp. v. Ventura Port DistrictCalifornia Court of Appeal · 1993
- Williams v. Los Angeles Unified School DistrictCalifornia Court of Appeal · 1994
- Ash v. Hertz Corp.California Court of Appeal · 1997
- Wheeler v. City of Santa MonicaCalifornia Court of Appeal · 1990
5 more not listed; retrieve them via the Exa API.