Gaines v. Fidelity National Title Insurance Co.

Opinion

CORRIGAN, J.

Plaintiffs lawsuit was dismissed for failure to comply with Code of Civil Procedure1 section 583.310, which requires that an action “be brought to trial within five years after the action is commenced against the defendant.” The issue here is whether the statute was tolled by an order entered pursuant to the parties’ agreement. The order struck the trial date and “stayed” the proceedings while the parties engaged in mediation and completed all outstanding discovery.

In computing the five-year time frame, the court must exclude any period when the “[pjrosecution or trial of…