Herring v. Peterson
California Court of Appeal
1Opinion of the Court
Opinion
WOLTERS, J. *
— Plaintiff John Herring appeals from the trial court’s order of dismissal under Code of Civil Procedure section 583, subdivision (b), 1 for failure to bring the case to trial within five years of filing. We reverse the order.
Facts
On July 26, 1973, 13-year-old Robin Herring was seriously injured in an automobile accident in Trinity County. A complaint for $200,000 in damages was filed in Santa Clara County by her guardian, John Herring (plaintiff), on July 25, 1974. The complaint named Margaret Lavina Peterson as a defendant. On January 26, 1977, Peterson (defendant) moved…
2Cases cited15 opinions
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