Bruns v. E-Commerce Exchange, Inc.

Opinion

CHIN, J.

Code of Civil Procedure section 583.310,1 which governs the action plaintiff Dana Bruns brought against defendants E-Commerce Exchange, Inc., et al., requires an action “be brought to trial within five years after the action is commenced against the defendant.” Otherwise, dismissal of the action is “mandatory and . . . not subject to extension, excuse, or exception except as expressly provided by statute.” (§ 583.360, subd. (b).) In this case, we must constme two statutory exclusions to the five-year period, specifically those stated in section 583.340, subdivisions (b) and…