Legal Opinion
Preiss v. Good Samaritan Hospital
California Court of Appeal
Decided June 29, 1959No. Civ. 23454PublishedCited by 22 opinions
1Opinion of the Court
VALLÉE, J.
Appeal by plaintiff from a judgment of dismissal entered pursuant to section 583 of the Code of Civil Procedure for failure to bring the action to trial within five years after it was filed.
The action was filed March 9, 1953. It was not brought to trial. On April 29, 1958, it was dismissed on defendant’s motion.
Plaintiff’s contention is that on February 17, 1958, the parties stipulated in open court to a continuance beyond the five-year period, that the stipulation was spread on the minutes of the court, and such record constitutes compliance with section 583.
Section 583 in…
2Cases cited16 opinions
- In Re ConnorCalifornia Supreme Court · 1940
- Bailey v. County of Los AngelesCalifornia Supreme Court · 1956
- Woley v. TurkusCalifornia Supreme Court · 1958
- Andersen v. Superior CourtCalifornia Supreme Court · 1921
- Continental Pacific Lines v. Superior CourtCalifornia Court of Appeal · 1956
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Crown Coach Corp. v. Superior CourtCalifornia Supreme Court · 1972
- Bella Vista Development Co. v. Superior CourtCalifornia Court of Appeal · 1963
- Breckenridge v. MasonCalifornia Court of Appeal · 1967
- Flamer v. Superior CourtCalifornia Court of Appeal · 1968
- Wright v. Groom Trucking Co.California Court of Appeal · 1962
17 more not listed; retrieve them via the Exa API.