Wurnitsch v. Nordvik

Opinion

SIMS, J.

Plaintiff has appealed from a judgment of dismissal which was entered following the granting of the defendant’s motion to dismiss the action on the grounds that it was not brought to trial within five years after it was filed. (Code Civ. Proc., § 583.) He contends that the judgment and the order upon which it is predicated are erroneous because it was established that the defendant driver was absent from the state so as to toll the running of the statutory period. In the establishment of that predicate, he urges that the court erred in considering whether or not he could have…