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Legal Opinion

Nail v. Osterholm

California Court of Appeal

Decided December 18, 1970No. Civ. 1203PublishedCited by 24 opinions

1Opinion of the Court

Opinion

GARGANO, J.

Plaintiff appeals from an order of dismissal entered pursuant to the provisions of section 583 of the Code of Civil Procedure for failure to bring his suit to trial within five years of filing. He contends that the five-year period was tolled because the court failed promptly to reset the case for trial after plaintiff timely exercised a peremptory challenge pursuant to Code of Civil Procedure section 170.6. Briefly, under this section, if a challenge is timely exercised against the judge to whom a case is assigned for trial, by any of the litigants involved in the lawsuit,…

2Cases cited10 opinions

  1. Christin v. Superior CourtCalifornia Supreme Court · 1937
  2. City of Pasadena v. City of AlhambraCalifornia Supreme Court · 1949
  3. Hough v. McCarthyCalifornia Supreme Court · 1960
  4. Pacific Greyhound Lines v. Superior CourtCalifornia Supreme Court · 1946
  5. General Motors Corp. v. Superior CourtCalifornia Supreme Court · 1966

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3Cited by24 opinions

  1. Moran v. Superior CourtCalifornia Supreme Court · 1983
  2. Crown Coach Corp. v. Superior CourtCalifornia Supreme Court · 1972
  3. Hartman v. SantamarinaCalifornia Supreme Court · 1982
  4. State of California v. Superior CourtCalifornia Court of Appeal · 1979
  5. Brown v. EngstromCalifornia Court of Appeal · 1979

19 more not listed; retrieve them via the Exa API.

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