Legal Opinion
Hughes v. Kimble
California Court of Appeal
Decided April 2, 1992No. B055581PublishedCited by 14 opinions
1Opinion of the Court
Opinion
CROSKEY, J.
Corene Hughes appeals from an order of dismissal made under sections 583.310 and 583.360 of the Code of Civil Procedure for failure to bring the case to trial within five years. The dismissal order was entered on the court’s own motion in favor of the defendant Kimble.
We hold that section 583.340 3 does not require the court to exclude time during which Kimble was in default from the five years allowed to bring the case to trial, and that the allowed time passed without the case being brought to trial or otherwise concluded. We therefore affirm.
Factual and Procedural…
2Cases cited18 opinions
- Christin v. Superior CourtCalifornia Supreme Court · 1937
- Moran v. Superior CourtCalifornia Supreme Court · 1983
- Brunzell Construction Co. v. WagnerCalifornia Supreme Court · 1970
- Hill v. BinghamCalifornia Court of Appeal · 1986
- Reeves v. HutsonCalifornia Court of Appeal · 1956
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Howard v. Thrifty Drug & Discount StoresCalifornia Supreme Court · 1995
- Perez v. GrajalesCalifornia Court of Appeal · 2008
- Gaines v. Fidelity National Title Insurance Co.California Supreme Court · 2016
- Sanchez v. City of Los AngelesCalifornia Court of Appeal · 2003
- Tamburina v. Combined Insurance Co. of AmericaCalifornia Court of Appeal · 2007
9 more not listed; retrieve them via the Exa API.