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STEPHAN v. AMERICAN HOME BUILDERS

Docket Nos. 37871, 37872.

21 Cal.App.3d 402 (1971)

98 Cal. Rptr. 354

H.L. STEPHAN, Plaintiff and Appellant, v. AMERICAN HOME BUILDERS et al., Defendants and Respondents. (Consolidated Appeals.)

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

November 19, 1971.

Attorney(s) appearing for the Case

COUNSEL

Weil & Fritz and Philip L. Eyerman for Plaintiff and Appellant.

Powars, Tretheway & Bennett and William P. Bennett for Defendants and Respondents.

OPINION

JEFFERSON, Acting P.J.

H.L. Stephan, doing business as Downey Credit Service, filed the original action based on common counts, including an open book account and an account stated. After the trial court granted defendants's motion to dismiss (Code Civ. Proc., § 583, subd. (a)) for failure to bring the matter to trial within the two-year period, plaintiff filed a second...

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