Legal Opinion

Chin v. Meier

California Court of Appeal

Decided November 14, 1991No. B050696PublishedCited by 1 opinion

1Opinion of the Court

Opinion

YEGAN, J.

—We hold that Code of Civil Procedure section 583.340, subdivision (c) tolling includes the aggregate time a case is continued because of courtroom unavailability regardless of whether a reasonable time remains *1475to bring the action to trial before the expiration of the five-year limitation period.1

Dawn M. Chin appeals from an order dismissing her civil action for failure to bring the case to trial within five years. (§§ 583.310, 583.340, 583.360. ) The trial court ruled that a series of continuances based upon courtroom unavailability did not extend or toll the five-year period…

2Cases cited14 opinions

  1. Moran v. Superior CourtCalifornia Supreme Court · 1983
  2. Monzon v. Schaefer Ambulance Service, Inc.California Court of Appeal · 1990
  3. Hartman v. SantamarinaCalifornia Supreme Court · 1982
  4. Marcus v. Superior CourtCalifornia Court of Appeal · 1977
  5. State of California v. Superior CourtCalifornia Court of Appeal · 1979

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3Cited by1 opinion

  1. Chin v. MeierCalifornia Court of Appeal · 1991

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