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CHAPIN v. SUPERIOR COURT

Docket No. 512.

234 Cal.App.2d 571 (1965)

44 Cal. Rptr. 496

PAUL D. CHAPIN, Petitioner, v. THE SUPERIOR COURT OF TUOLUMNE COUNTY, Respondent; JUNE CAROLYN MOONEY JOHANSEN et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

May 20, 1965.

Attorney(s) appearing for the Case

Frad, Ruggieri & Brunn, Frad, Ruggieri, Brunn & Lacey and Thomas A. Lacey for Petitioner.

No appearance for Respondent.

Robert R. Elledge for Real Parties in Interest.

CONLEY, P.J.

Paul D. Chapin petitions for a writ of mandate requiring the Superior Court of Tuolumne County to dismiss the case of Johansen v. Chapin (numbered therein 7493), on the ground of lack of prosecution. That action was commenced on July 16, 1951; the plaintiffs did not bring the case to trial during the succeeding five-year period (Code Civ. Proc., § 583), but on the 16th day of July, 1956, a stipulation was executed and filed by the attorneys...

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