Legal Opinion

De Santiago v. D AND G PLUMBING, INC.

California Court of Appeal

Decided September 19, 2007No. E041294PublishedCited by 16 opinions

1Opinion of the Court

Opinion

GAUT, J.

Intervener and appellant Star Insurance Company (Star) appeals from a judgment of dismissal for failing to bring its complaint in intervention to trial within the five-year statutory period. (Code Civ. Proc., §§ 583.310, 583.360.)

Star contends the five-year limitation period did not bar its action because the impracticability exception, based on court congestion, tolled the five-year limitation period. We disagree and affirm the judgment.

1. Facts

Plaintiff Joaquin De Santiago suffered a work-related injury when a coemployee, defendant Daniel Flores, discharged a nail gun and…

2Cases cited7 opinions

  1. State of California v. Superior CourtCalifornia Court of Appeal · 1979
  2. Sanchez v. City of Los AngelesCalifornia Court of Appeal · 2003
  3. Sierra-Nevada Memorial-Miners Hospital, Inc. v. Superior CourtCalifornia Court of Appeal · 1990
  4. Tamburina v. Combined Insurance Co. of AmericaCalifornia Court of Appeal · 2007
  5. Chin v. MeierCalifornia Court of Appeal · 1991

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

3Cited by16 opinions

  1. Perez v. GrajalesCalifornia Court of Appeal · 2008
  2. Gaines v. Fidelity National Title Insurance Co.California Supreme Court · 2016
  3. Tanguilig v. Neiman Marcus Grp., Inc., California Court of Appeal, 5th District2018
  4. Martinez v. Landry's Rests., Inc., California Court of Appeal, 5th District2018
  5. Bruns v. E-Commerce Exchange, Inc.California Court of Appeal · 2009

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

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