BERRI v. SUPERIOR COURT

Docket No. S.F. 19059.

43 Cal.2d 856 (1955)

279 P.2d 8

INES BERRI, Individually and as Administratrix, etc., Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents; BANK OF AMERICA et al., Real Parties in Interest.

Supreme Court of California. In Bank.

January 28, 1955.


Attorney(s) appearing for the Case

Alfred J. Hennessy for Petitioner.

Samuel B. Stewart, Jr., Christopher M. Jenks and Arthur V. Toupin for Respondents and Real Parties in Interest.


CARTER, J.

This case involves the interpretation of section 583 of the Code of Civil Procedure.* On April 21, 1948, plaintiff commenced an action. First and second amended complaints were filed before defendants appeared. Defendants' demurrers to plaintiff's second, third and fourth amended complaints were sustained with leave to amend. On March 4, 1953, the court made an order sustaining, without...

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