Elmhurst Packers, Inc. v. Superior Court

Petitioner seeks a writ of mandate to compel the dismissal of an action for failure to bring it to trial within five years. (Code Civ. Proc., sec. 583.)

An action for breach of a contract for the sale of frozen peas was filed on April 28, 1936, and summons served on defendant, petitioner herein, on April 30, 1936. A demurrer to the complaint, served on or about May 27, 1936, was sustained with leave to amend. On or about June 9, 1937, an amended complaint was served and filed and a stipulation entered into between the parties that defendant should have ten days from and after written notice…