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J.C. PENNEY CO. v. SUPERIOR COURT

Docket No. S.F. 20182.

52 Cal.2d 666 (1959)

343 P.2d 919

J.C. PENNEY COMPANY (a Corporation), Petitioner, v. SUPERIOR COURT OF FRESNO COUNTY, Respondent; IRENE JOHNSON et al., Real Parties in Interest.

Supreme Court of California. In Bank.

September 15, 1959.

Attorney(s) appearing for the Case

Stammer, McKnight & Barnum and Dean A. Bailey for Petitioner.

Robert M. Wash, County Counsel, and Floyd R. Viau, Deputy County Counsel, for Respondent.

James K. Kubota and Mikio Uchiyama for Real Parties in Interest.

TRAYNOR, J.

Petitioner seeks a writ of prohibition to prevent respondent superior court from proceeding in an action on the ground that it must be dismissed under section 583 of the Code of Civil Procedure for plaintiffs' failure to bring it to trial within five years.

Plaintiffs filed the action on December 31, 1953, but did not serve the first amended complaint and summons on petitioner until December 31, 1956. Petitioner filed its answer on January 21,...

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