Legal Opinion

Sierra-Nevada Memorial-Miners Hospital, Inc. v. Superior Court

California Court of Appeal

Decided January 24, 1990No. C006496PublishedCited by 20 opinions

1Opinion of the Court

Opinion

BLEASE, Acting P. J.

This matter arises on a petition by defendant hospital for a writ of mandate overturning the denial of its motion to dismiss a medical malpractice action brought by real parties in interest (plaintiffs) for failure to bring it to trial within five years as required by Code of Civil Procedure section 583.310.

The failure was due to a computational error by plaintiffs’ law firm in calendaring the case for timely action on its part. Petitioner (defendant hospital) moved for dismissal of the action under section 583.310. The trial court denied the motion on the ground…

2Cases cited12 opinions

  1. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  2. Van Arsdale v. HollingerCalifornia Supreme Court · 1968
  3. Christin v. Superior CourtCalifornia Supreme Court · 1937
  4. J. C. Penney Co. v. Superior CourtCalifornia Supreme Court · 1959
  5. Continental Pacific Lines v. Superior CourtCalifornia Court of Appeal · 1956

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3Cited by20 opinions

  1. Bruns v. E-Commerce Exchange, Inc.California Supreme Court · 2011
  2. Gaines v. Fidelity National Title Insurance Co.California Supreme Court · 2016
  3. Sanchez v. City of Los AngelesCalifornia Court of Appeal · 2003
  4. Tamburina v. Combined Insurance Co. of AmericaCalifornia Court of Appeal · 2007
  5. De Santiago v. D AND G PLUMBING, INC.California Court of Appeal · 2007

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