Paul E. Iacono Structural Engineer, Inc. v. Rizzo

Opinion

BIGELOW, J. *

Appeal

Defendant appeals from a money judgment in favor of plaintiff, contending that his motions to dismiss the action before trial should have been granted under the five-year limitation provisions of section 583, subdivision (b) of the Code of Civil Procedure.

Contentions and Issues

Defendant contends that his motions to dismiss should have been granted on each of the following grounds:

1. Plaintiff failed to bring its action to trial within five years;

2. Plaintiff was not diligent in attempting to do so; and

3. The trial court abused its discretion in denying his motions.

Pla…