Holder v. Sheet Metal Worker's International Ass'n

Opinion

WIENER, J.

There have been varying degrees of publicity given to the two-, three- and five-year periods limiting the time within which a case must be brought to trial or otherwise dismissed pursuant to Code of Civil Procedure section 583. The “five-year” provision of subdivision (b) has now become part of the parlance of the trial bar as court congestion seems to have made the “five-year” case the rule rather than the exception. The present case involves the less publicized three-year provision of subdivision (c) pertaining to the time within which a case must be brought to trial after…