Bass v. Braun
California Court of Appeal
1Opinion of the CourtShepard, J.
This is an appeal from a judgment of dismissal for failure to bring an action for wrongful death to trial within five years from the date of filing the complaint. The death resulted from an intersection collision which occurred November 25, 1952, in Kern County. The complaint was not filed until November 19, 1953, and the order for dismissal was made January 7,1959.
The primary problem on appeal is whether or not the case comes within one of the judicially recognized exceptions allowing an extension of the mandatory time for trial provided by Code of Civil Procedure, section 583. The principal…
2Cases cited13 opinions
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- City of Pasadena v. City of AlhambraCalifornia Supreme Court · 1949
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- Rose v. KnappCalifornia Supreme Court · 1951
- Judson v. Superior CourtCalifornia Supreme Court · 1942
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3Cited by10 opinions
- Weeks v. RobertsCalifornia Supreme Court · 1968
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- General Insurance v. Superior CourtCalifornia Court of Appeal · 1966
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