Bayle-Lacoste & Co. v. Superior Court

This is a proceeding in mandamus to compel the respondent court to dismiss an action pending therein for failure to bring it to trial within five years after the filing of the complaint. (Code Civ. Proc., see. 583.)

The action, brought by the people of the State of California by and through the Department of Public Works to condemn a right of way for highway purposes, was filed and summons issued on December 27, 1933. There were named as defendants approximately six individuals, ten corporations, five John Does and four fictitiously named corporations. Petitioner herein was not designated as a…