Blue Chip Enters., Inc. v. Brentwood Sav. & Loan Ass'n

JEFFERSON (Bernard), J. I dissent.

I cannot agree with the majority’s view that a dismissal of an action made by the trial court on the basis of Code of Civil Procedure section 583, subdivision (a) and also subdivision (b), should be upheld on an entirely different theory, to wit, that the dismissal is appropriate based upon the trial court’s inherent power to dismiss an action for the failure of the plaintiff to diligently prosecute such action and bring it to trial. I recognize that there exists the appellate principle that if a judgment or order of the trial court is decided correctly, it…