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GRAFFT v. MERRILL LYNCH, PIERCE, FENNER & BEANE

Docket No. 33344.

273 Cal.App.2d 379 (1969)

78 Cal. Rptr. 42

CLIFFORD GRAFFT, Plaintiff and Appellant, v. MERRILL LYNCH, PIERCE, FENNER & BEANE et al., Defendants and Respondents.

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

May 26, 1969.

Attorney(s) appearing for the Case

Phill Silver for Plaintiff and Appellant.

O'Melveny & Meyers, Everett B. Clary, Louis T. Latourrette, MacDonald & Halsted and Robert H. Edwards for Defendants and Respondents.

LILLIE, J.

The instant action, commenced on December 31, 1959, but not brought to trial within five years, was dismissed by the court on motion of defendants (Code Civ. Proc., § 583); from the judgment of dismissal, plaintiff appeals. [1a] Since dismissal upon the expiration of the five-year period becomes mandatory in the absence of excusable delay making it impracticable to proceed to trial or where trial has commenced (not here pertinent) plaintiff...

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