Stueve v. Buchalter Nemer

Opinion

MOORE, Acting P. J.

Generally, an action must be “brought to trial” within five years of the fifing of a civil complaint. (Code Civ. Proc., § 583.310 et seq.) If the time period is not tolled by statute, the case must be dismissed. (§§ 583.340, 583.360.) “In an action hied to a jury, the action is brought to trial when the jury is impaneled and sworn.” (Bruns v. E-Commerce Exchange, Inc. (2011) 51 Cal.4th 717, 723 [122 Cal.Rptr.3d 331, 248 P.3d 1185], italics added (Bruns).)

Here, with just three days remaining before the fifth anniversary of the fifing of a civil complaint, a panel of…