FAY v. MUNDY

Docket No. 655.

246 Cal.App.2d 231 (1966)

54 Cal. Rptr. 591

JOHN PATRICK FAY, a Minor, etc., Plaintiff and Appellant, v. CARROLL FRANCIS MUNDY et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

November 7, 1966.


Attorney(s) appearing for the Case

Kinkle, Rodiger, Graf & Dewberry, Harney, Ford & Schlottman and Robert E. Ford for Plaintiff and Appellant.

Raymond & Keon, Raymond & Noriega and Robert L. Raymond for Defendants and Respondents.


CONLEY, P.J.

Within five years from the date he filed his action and after his counsel had overcome unusual difficulties in preparing for trial, had taken some 21 depositions, participated in a pretrial conference, and announced themselves ready immediately to try the case, John Patrick Fay, a nine-year-old minor of deficient mentality, was faced with an order dismissing his malpractice suit on the ground of lack of prosecution, pursuant to the first sentence of section...

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