Rosenfelt v. Scholtz

This is an appeal by plaintiff from a judgment dismissing an action under section 583 of the Code of Civil Procedure, which provides (1) that the court may in its discretion dismiss any action for want of prosecution whenever plaintiff has failed for two years after the action is filed to bring such action to trial, and (2) that “any action . . . shall be dismissed . . . unless such action is brought to trial within five years after the plaintiff has filed his action, except where the parties have stipulated in writing that the time may be extended”. The contention of the plaintiff is that…