Specht v. City of Los Angeles

Pursuant to section 583 1 of the Code of Civil Procedure, a judgment of dismissal of this action was rendered on the ground that it was not brought to trial within five years from the filing of the action. Plaintiff has appealed, contending that under the circumstances the dismissal was not mandatory in that the case comes within an implied exception to the statute. There was no written stipulation extending time, and no claim is made that an express exception of section 583 is applicable.

Chronology of events: Plaintiff filed the action on July 26, 1955. Defendant filed its answer on August…