Berri v. Superior Court

This case involves the interpretation of section 583 of the Code of Civil Procedure. * On April 21, 1948, plaintiff commenced an action. First and second amended complaints were filed before defendants appeared. Defendants’ demurrers to plaintiff’s second, third and fourth amended complaints were sustained with leave to amend. On March 4,1953, the court made an order sustaining, without leave to amend, defendants’ demurrer to the fifth amended complaint, 48 days before the expiration of the five-year period after commencement of the action. No judgment was ever entered. On April 10, 1953,…