Borglund v. Bombardier, Ltd.

Opinion

SMITH, J.

This is an appeal by plaintiff and appellant from a judgment in favor of defendants and respondents after the trial court entered an order dismissing her action pursuant to Code of Civil Proce dure section 583, subdivision (b), 1 for appellant’s want of prosecution in failing to bring the case to trial within five years. The trial court concluded it did not have discretion to consider principles of estoppel in ruling upon respondents’ motion to dismiss.

Appellant Gaby Borglund, a Swedish citizen, brought this action for personal injuries suffered in a snowmobile accident which…