Tustin Plaza Partnership v. Wehage

Opinion

SONENSHINE, J.

Tustin Plaza Partnership contends the trial court abused its discretion by dismissing its lawsuit for failure to bring the action *1561to trial within three years after its commencement. (Code Civ. Proc., § 583.410 et seq.)1 We affirm.

Ken and Elizabeth Wehage (Wehage) entered into a 10-year lease with Tustin’s predecessor in interest for the rental of commercial property. Two years later, on December 30, 1988, Tustin commenced the underlying action alleging Wehage’s breach, but it waited two years and eleven months to serve the complaint. Wehage answered promptly and the…