Rel v. Pac. Bell Mobile Servs.
California Court of Appeal, 5th District
1Opinion of the CourtBurns, J.
*885The trial court dismissed this proposed class action lawsuit because plaintiffs failed to comply with Code of Civil Procedure section 583.310,1 which requires an action to "be brought to trial within five years after the action is commenced against the defendant." The main issue here is whether a pretrial order dismissing the class claims qualifies as a "trial" for purposes of the five-year dismissal statute. In class action lawsuits, such a pretrial order is treated as a final judgment and is therefore immediately appealable under the so-called death knell doctrine. A second issue is whether…
2Cases cited18 opinions
- Bruns v. E-Commerce Exchange, Inc.California Supreme Court · 2011
- In Re Baycol Cases I & IICalifornia Supreme Court · 2011
- Berri v. Superior CourtCalifornia Supreme Court · 1955
- McDonough Power Equipment Co. v. Superior CourtCalifornia Supreme Court · 1972
- Brunzell Construction Co. v. WagnerCalifornia Supreme Court · 1970
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3Cited by2 opinions
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