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CAMILLE'S CORP. v. SUPERIOR COURT

Docket No. 26320.

270 Cal.App.2d 625 (1969)

75 Cal. Rptr. 868

CAMILLE'S CORPORATION et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; BERNARD B. SCHNITZER, Real Party in Interest.

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

March 13, 1969.

Attorney(s) appearing for the Case

Cesari & Werner and James B. Werner for Petitioners.

No appearance for Respondent.

Field, DeGoff & Rieman and Walter Ryerson Rieman for Real Party in Interest.

ELKINGTON, J.

By petition for writ of mandate Camille's Corporation and Peter Zane seek to compel the superior court to dismiss a personal injury action in which they are two of several defendants. It is contended that because plaintiff, Bernard B. Schnitzer, failed without legal excuse to bring the action to trial within five years, his action must, as a matter of law be dismissed under Code of Civil Procedure section 583.

Section 583, as relevant here, provides...

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