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NAIL v. OSTERHOLM

Docket No. 1203.

13 Cal.App.3d 682 (1970)

91 Cal. Rptr. 908

WARNER NAIL, Plaintiff and Appellant, v. RICHARD S. OSTERHOLM et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

December 18, 1970.

Attorney(s) appearing for the Case

COUNSEL

Raymond E. Bright for Plaintiff and Appellant.

Price, Martin & Crabtree and E. Dean Price for Defendants and Respondents.

OPINION

GARGANO, J.

Plaintiff appeals from an order of dismissal entered pursuant to the provisions of section 583 of the Code of Civil Procedure for failure to bring his suit to trial within five years of filing.1 He contends that the five-year period was tolled because the court failed promptly to reset the case for trial after plaintiff timely exercised a peremptory challenge pursuant to Code of Civil...

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