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SAMUELS v. SABIH

Docket No. 48704.

62 Cal.App.3d 335 (1976)

133 Cal. Rptr. 74

MILTON SAMUELS et al., Plaintiffs and Respondents, v. DAVID SABIH et al., Defendants and Appellants.

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

September 27, 1976.

Attorney(s) appearing for the Case

COUNSEL

Shapiro, Finn & O'Leno, Shapiro & Finn and David S. Sabih for Defendants and Appellants.

Haberman, Klein & Avery, Ralph R. Scott, Mark Alan Klein and Stanley E. Haberman for Plaintiffs and Respondents.

OPINION

HASTINGS, J.

The issue raised by this appeal is whether a defendant, who has been successful in having the plaintiff's cause of action dismissed because it was not brought to trial within five years, is entitled to attorney's fees pursuant to section 1717 of the Civil Code.

The five-year history of the litigation is as follows:

Plaintiffs filed their complaint...

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