Beswick v. Palo Verde Hospital Assn.

The issues for determination on this appeal are whether the trial court (1) erred in granting defendants’ motion for dismissal upon the ground that the action had not been brought to trial within the five-year period prescribed by section 583 of the Code of Civil Procedure, and (2) abused its discretion in previously denying plaintiff’s motion for an early setting.

The action involved the alleged breach of a lease which occurred when the defendants, as lessors, ousted the plaintiff, as lessee, upon the ground that the plaintiff had operated the leased property in violation of the law for which…