Legal Opinion
Nassif v. Municipal Court
California Court of Appeal
Decided October 18, 1989No. E005876PublishedCited by 22 opinions
1Opinion of the Court
Opinion
HOLLENHORST, J.
This is a purported appeal from a judgment denying a petition for writ of mandate to compel the municipal court to dismiss an action for failure to prosecute within five years. Appellant (Nassif) contends that, when two actions have been filed, the five-year period runs from the filing of the first complaint in the first action and accordingly the court erred in denying his motion to dismiss. As we explain, we reluctantly disagree.
Facts
Real party in interest, Thomas Depner (Depner), filed an action against Nassif in June of 1981 for breach of written lease (C-6932). This…
2Cases cited7 opinions
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- Gray v. FirtheCalifornia Court of Appeal · 1987
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