McDONOUGH POWER EQUIPMENT CO. v. SUPERIOR COURT

Docket No. L.A. 29992.

8 Cal.3d 527 (1972)

503 P.2d 1338

105 Cal. Rptr. 330

McDONOUGH POWER EQUIPMENT CO., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MARY GRASSO, Real Party in Interest.

Supreme Court of California. In Bank.

December 22, 1972.


Attorney(s) appearing for the Case

COUNSEL

Dryden, Harrington & Swartz and Peter Abrahams for Petitioner.

No appearance for Respondent.

Olney, Levy, Kaplan, Ormes & Tenner, Jack Tenner, Richard Devirian and Hugh R. Manes for Real Party in Interest.

Robert E. Cartwright, Theodore A. Horn, Marvin E. Lewis, William H. Lally, Joseph W. Cotchett, Herbert Hafif and Leonard Sacks as Amici Curiae on behalf of Real Party in Interest.


OPINION

SULLIVAN, J.

Petitioner McDonough Power Equipment Co. seeks a writ of mandate to compel respondent superior court to dismiss a pending action for lack of prosecution pursuant to Code of Civil Procedure1 section 583, subdivision (b), because it was not brought to trial within three years after the filing of the remittitur on a previous appeal. We have concluded that the writ should issue.

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