Miles v. Speidel

Opinion

McCLOSKY, Acting P. J.

Plaintiff Ellison Miles appeals from the order of dismissal entered in favor of defendant Glen Speidel. That dismissal was entered following the trial court’s order granting defendant’s motion to dismiss due to plaintiff’s failure to bring this action to trial within five years. (Code Civ. Proc., § 583.310.) Defendant has not filed a respondent’s brief even though he has been advised by the court by letter of December 16, 1988, of the effect of his not doing so. Accordingly, we “accept as true the statement of facts in the appellant’s opening brief . . . .” (Cal.…