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SPECHT v. CITY OF LOS ANGELES

Docket No. 25658.

201 Cal.App.2d 457 (1962)

20 Cal. Rptr. 42

MARGARET SPECHT, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

March 16, 1962.

Attorney(s) appearing for the Case

Gladys Towles Root and Eugene V. McPherson for Plaintiff and Appellant.

Roger Arnebergh, City Attorney, Bourke Jones, Assistant City Attorney, Victor P. Spero and Laurence R. Corcoran, Deputy City Attorneys, for Defendant and Respondent.

ASHBURN, J.

Pursuant to section 5831 of the Code of Civil Procedure, a judgment of dismissal of this action was rendered on the ground that it was not brought to trial within five years from the filing of the action. Plaintiff has appealed, contending that under the circumstances the dismissal was not mandatory in that the case comes within an implied exception to the statute. There was no written stipulation extending time, and no claim...

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