Legal Opinion
Bennett v. Bennett Cement Contractors, Inc.
California Court of Appeal
Decided October 16, 1981No. Civ. 20638PublishedCited by 20 opinions
1Opinion of the Court
Opinion
REYNOSO, Acting P. J.
Does the five-year statute apply when the failure is due to the court calendar and not to plaintiffs lack of diligence? James Bennett, plaintiff and appellant, appeals from a judgment of dismissal entered after the Yolo County Superior Court granted defendants’ motion to dismiss based upon plaintiffs failure to bring the action to trial within five years from the date upon which it was filed. (Code Civ. Proc., § 583, subd. (b).) Under the facts of this case we conclude that the statute does not apply. Accordingly, we reverse.
I
Prior to October 1973, plaintiff and…
2Cases cited4 opinions
- Wyoming Pacific Oil Co. v. PrestonCalifornia Supreme Court · 1958
- Hocharian v. Superior CourtCalifornia Supreme Court · 1981
- Goers v. Superior CourtCalifornia Court of Appeal · 1976
- Wurnitsch v. NordvikCalifornia Court of Appeal · 1971
3Cited by20 opinions
- Moran v. Superior CourtCalifornia Supreme Court · 1983
- In Re Marriage of LiuCalifornia Court of Appeal · 1987
- Cannon v. City of NovatoCalifornia Court of Appeal · 1985
- Westinghouse Electric Corp. v. Superior CourtCalifornia Court of Appeal · 1983
- Sizemore v. Tri-City Lincoln Mercury, Inc.California Court of Appeal · 1987
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