Camille's Corp. v. Superior Court

By petition for writ of mandate Camille’s Corporation and Peter Zane seek to compel the superior court to dismiss a personal injury action in which they are two of several defendants. It is contended that because plaintiff, Bernard B. Schnitzer, failed without legal excuse to bring the action to trial within five years, his action must, as a matter of law be dismissed under Code of Civil Procedure section 583.

Section 583, as relevant here, provides that “Any action . . . shall be dismissed . . . unless such action is brought to trial within five years . . . except where the parties have filed…