RESERVE INS. CO. v. UNIVERSAL UNDERWRITERS INS. CO.

Docket No. 45647.

51 Cal.App.3d 57 (1975)

123 Cal. Rptr. 763

RESERVE INSURANCE COMPANY, Plaintiff and Appellant, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Defendant and Respondent.

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

August 28, 1975.


Attorney(s) appearing for the Case

COUNSEL

Murchison, Cumming, Baker & Velpmen, Friedrich W. Seitz and Benjamin George Williams for Plaintiff and Appellant.

Ball, Hunt, Hart, Brown & Baerwitz, Joseph A. Ball, Albert H. Ebright and James M. Polish for Defendant and Respondent.


OPINION

KAUS, P.J.

The trial court dismissed this action on motion of defendant Universal Underwriters Insurance Company ("Universal") because it had not been brought to trial within five years. (Code Civ. Proc., § 583, subd. (b).) Plaintiff Reserve Insurance Company ("Reserve") contends that the trial court was compelled to conclude, as a matter of law, that it would have been "impracticable and futile" for plaintiff to proceed...

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