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BELLA VISTA DEV. CO. v. SUPERIOR COURT OF MARIN COUNTY

Docket No. 21620.

223 Cal.App.2d 603 (1963)

36 Cal. Rptr. 106

BELLA VISTA DEVELOPMENT CO. et al., Petitioners, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; ERNEST N. KETTENHOFEN et al., Real Parties in Interest.

Court of Appeals of California, First District, Division One.

December 20, 1963.

Attorney(s) appearing for the Case

Wallace S. Myers for Petitioners.

No appearance for Respondent.

Bagshaw, Schaal, Martinelli, Weissich & Jordan and Thomas E. Schaal for Real Parties in Interest.

SULLIVAN, J.

Petitioners Bella Vista Development Co. and Bruce A. Werlhof seek a writ of prohibition restraining the respondent superior court from taking further proceedings in the hereinafter described civil action now pending therein. The sole question for our determination is whether said action was brought to trial within five years after it was filed and should therefore be dismissed by the court pursuant to Code of Civil Procedure section 583. We have concluded...

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