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LANDRY v. BERRYESSA UNION SCHOOL DIST.

Docket No. H013458.

39 Cal.App.4th 691 (1995)

46 Cal. Rptr.2d 119

TERRY LANDRY, a Minor, etc., et al., Plaintiffs and Appellants, v. BERRYESSA UNION SCHOOL DISTRICT, Defendant and Respondent.

Court of Appeals of California, Sixth District.

October 25, 1995.

Attorney(s) appearing for the Case

COUNSEL

Jessie Serna for Plaintiffs and Appellants.

Rankin, Luckhardt, Vandeweghe, Landsness & Lahde and Michael C. Severian for Defendant and Respondent.

OPINION

ELIA, J.

In this action for assault and battery and negligence, the trial court denied the minor plaintiffs' request for trial preference (Code Civ. Proc., § 36, subd. (b)) and granted defendant school district's motion to dismiss for delay in prosecution. (Code Civ. Proc., §§ 583.410, 583.420.)1 Plaintiffs appeal, contending their statutory entitlement to trial preference overrides...

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