Tiholiz v. Superior Court

Opinion

ROTH, P. J.

Petitioner is the defendant and real parties in interest (RPIs) are the plaintiffs in action No. NWC 50691 now pending in respondent superior court (pending action). Petitioner requests this court to mandate respondent court to dismiss the pending action because the record shows without dispute that RPIs did not as required by the settled construction of Code of Civil Procedure sections 583, subdivision (b) or 583, subdivision (c)1 bring the pending action to trial before the expiration of the time fixed by either section.

In pertinent part section 583, subdivision (b)…