Legal Opinion
Kaye v. Mount La Jolla Homeowners Assn.
California Court of Appeal
Decided October 7, 1988No. Docket Nos. D004174, D006162PublishedCited by 9 opinions
1Opinion of the Court
Opinion
WIENER, Acting P. J.
Plaintiffs Samuel and Aline Kaye appeal a judgment of dismissal based on the five-year rule of Code of Civil Procedure section 583.310 and separately an order denying their motion to certify a defendant class of members of a condominium homeowners association. Consistent with the Legislature’s directive that we liberally interpret exceptions to the five-year statute, we reverse the judgment of dismissal on the ground it was “impracticable” within the meaning of section 583.340 for the Kayes to proceed to trial while a writ petition which successfully challenged the…
2Cases cited33 opinions
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Egan v. Mutual of Omaha InsuranceCalifornia Supreme Court · 1979
- Vasquez v. Superior CourtCalifornia Supreme Court · 1971
- Neal v. Farmers Insurance ExchangeCalifornia Supreme Court · 1978
- Bertero v. National General Corp.California Supreme Court · 1974
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3Cited by9 opinions
- Linder v. Thrifty Oil Co.California Supreme Court · 2000
- Lamden v. La Jolla Shores Clubdominium Homeowners Ass'nCalifornia Supreme Court · 1999
- Perez v. GrajalesCalifornia Court of Appeal · 2008
- New West Federal Savings & Loan Ass'n. v. Superior CourtCalifornia Court of Appeal · 1990
- Tanguilig v. Neiman Marcus Grp., Inc., California Court of Appeal, 5th District2018
4 more not listed; retrieve them via the Exa API.