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DENHAM v. SUPERIOR COURT

Docket No. L.A. 29704.

2 Cal.3d 557 (1970)

468 P.2d 193

86 Cal. Rptr. 65

JAMES E. DENHAM, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MARSH & KIDDER et al., Real Parties in Interest.

Supreme Court of California. In Bank.

May 6, 1970.

Attorney(s) appearing for the Case

COUNSEL

Robinow & Heath, Robert W. Robinow and Acret & Perrochet for Petitioner.

No appearance for Respondent.

Harris K. Lyle, Donald E. Werner and Edward L. Lascher for Real Parties in Interest.

Edward I. Pollock and Leonard Sacks as Amici Curiae on behalf of Real Parties in Interest.

OPINION

McCOMB, J.

Petitioner (hereinafter referred to as "defendant Denham") moved in respondent court, under section 583 of the Code of Civil Procedure, for dismissal of an action not brought to trial within two years of the date of the filing thereof. Respondent court denied his motion, and he here seeks a writ of mandate to compel respondent court to dismiss the action for failure to diligently prosecute.

Facts:

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