Legal Opinion
Berry v. Weitzman
California Court of Appeal
Decided July 29, 1988No. Docket B023135PublishedCited by 8 opinions
1Opinion of the Court
Opinion
KLEIN, P. J.
Plaintiffs and appellants Willard S. Berry and Aubra Berry (Berrys) appeal an order granting defendant and respondent Gerald M. Weitzman’s (Weitzman) motion to dismiss on the ground the action was not brought to trial within five years.
Because the running of the five years was not automatically tolled by Weitzman’s filing of the request for trial de novo following arbitration, and the Berrys were not thereafter diligent in bringing the action to trial, the order is affirmed.
Factual and Procedural Background
A dispute arising from the Berrys’ sale of their business to…
2Cases cited6 opinions
- Moran v. Superior CourtCalifornia Supreme Court · 1983
- Hill v. BinghamCalifornia Court of Appeal · 1986
- Sizemore v. Tri-City Lincoln Mercury, Inc.California Court of Appeal · 1987
- Barna v. Passage 350 CanonCalifornia Court of Appeal · 1986
- Taylor v. HayesCalifornia Court of Appeal · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Howard v. Thrifty Drug & Discount StoresCalifornia Supreme Court · 1995
- Santa Monica Hospital Medical Center v. Superior CourtCalifornia Court of Appeal · 1988
- Baccus v. Superior CourtCalifornia Court of Appeal · 1989
- Marchuk v. Ralphs Grocery Co.California Court of Appeal · 1990
- Messih v. LevineCalifornia Court of Appeal · 1991
3 more not listed; retrieve them via the Exa API.