Gray v. Firthe

Opinion

CARR, J.

In this appeal from orders (judgments) of dismissal for the failure of plaintiffs Robert F. and Patricia W. Gray (the Grays) to bring their action to trial within the statutory five-year period, we are asked to determine on what date the five-year period prescribed by the 1984-enacted Code of Civil Procedure sections 583.310 1 and 583.360 starts to run: when the action is originally filed, or when the action is “commenced” against individual defendants. The trial court determined dismissal was mandated if the action was not brought to trial within five years of its original…