Denham v. Superior Court

Opinion

McCOMB, J.

Petitioner (hereinafter referred to as “defendant Denham”) moved in respondent court, under section 583 of the Code of Civil Procedure, for dismissal of an action not brought to trial within two years of the date of the filing thereof. Respondent court denied his motion, and he here seeks a writ of mandate to compel respondent court to dismiss the action for failure to diligently prosecute.

Facts: June 19, 1964, real parties in interest (hereinafter referred to as “plaintiffs”) filed an action against defendant Denham, the Board of Supervisors of Los Angeles County…