Allyne v. Superior Court

Petition for writ of mandate to be directed to the respondent Superior Court in and for the City and County of San Francisco and to the Honorable Frank J. Murasky, Judge in Department No.. 2 of said respondent court, commanding a dismissal of a certain action heretofore commenced in said court. The principal question involved is whether the mandatory provisions of section 583 of the Code of Civil Procedure require the dismissal of an action which has not been brought to trial within five years after the granting of a motion for a new trial. We are of the opinion that neither section 583 nor…