Prudential Insurance v. Superior Court

Petition for writ of mandate.

It is claimed in the petition that the trial court erroneously made an order denying a motion of petitioner to dismiss a certain action, in which it was defendant, on the ground that plaintiff in such action had not brought the same to trial within five years after issue joined.

The action was commenced on January 6, 1926. On June 17, 1926, defendant, petitioner herein, filed its verified answer. On February 15, 1927, plaintiff filed notice of motion to set cause for trial. The case was subsequently set for trial on October 27, 1927. On October 14, 1927, plaintiff…