Legal Opinion
Byerly v. Sale
California Court of Appeal
Decided September 30, 1988No. G004645PublishedCited by 18 opinions
1Opinion of the Court
Opinion
CROSBY, J.
The superior court dismissed a medical malpractice action for failure to bring the matter to trial within five years. (Code Civ. Proc., §§ 583.310, 583.360.) Plaintiffs contend the five-year period was tolled by the *1314court’s earlier order compelling arbitration and staying all proceedings. In what, as we shall explain, is probably an academic exercise, we agree.
I
On April 17, 1981, Ann Byerly sued Stewart C. Sale and several others for medical malpractice. Her husband included a cause of action for loss of consortium. Defendants answered the complaint and petitioned to compel…
2Cases cited4 opinions
- Preston v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 1981
- Rhodes v. California Hospital Medical CenterCalifornia Court of Appeal · 1978
- Young v. Ross-Loos Medical Group, Inc.California Court of Appeal · 1982
- Dodd v. FordCalifornia Court of Appeal · 1984
3Cited by18 opinions
- Brock v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 1992
- Paramount Unified School District v. Teachers Ass'n of Paramount, CTA/NEACalifornia Court of Appeal · 1994
- SWAB FINANCIAL v. E Trade SecuritiesCalifornia Court of Appeal · 2007
- Titan/Value Equities Grp., Inc. v. Superior Court of San Diego Cty.California Court of Appeal · 1994
- Optimal Markets, Inc. v. SalantCalifornia Court of Appeal · 2013
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