Legal Opinion
Breacher v. Breacher
California Court of Appeal
Decided March 21, 1983No. Civ. 64986PublishedCited by 4 opinions
1Opinion of the Court
Opinion
ASHBY, J.
In this action for fraud plaintiff Florence Breacher appeals from an order dismissing her complaint pursuant to Code of Civil Procedure section 583; subdivision (b), for failure to bring the action to trial within five years after the filing of the complaint.
The complaint was filed on October 1, 1976. However, both plaintiff’s counsel and defendants’ counsel mistakenly believed that the complaint had not been filed until November 10, 1977. Neither counsel discovered the mistake until December 22, 1981, when the true filing date was pointed out to counsel by the court.…
2Cases cited13 opinions
- Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
- Woley v. TurkusCalifornia Supreme Court · 1958
- Hartman v. SantamarinaCalifornia Supreme Court · 1982
- Diverco Constructors, Inc. v. WilsteinCalifornia Court of Appeal · 1970
- Nail v. OsterholmCalifornia Court of Appeal · 1970
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lazelle v. LoveladyCalifornia Court of Appeal · 1985
- Chin v. MeierCalifornia Court of Appeal · 1991
- Powers v. Commission on Professional CompetenceCalifornia Court of Appeal · 1984
- Chin v. MeierCalifornia Court of Appeal · 1991