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PRESTON v. KAISER FOUNDATION HOSPITALS

Docket No. 62670.

126 Cal.App.3d 402 (1981)

178 Cal. Rptr. 882

WILLIAM P. PRESTON et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HOSPITALS et al., Defendants and Respondents.

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

December 4, 1981.

Attorney(s) appearing for the Case

COUNSEL

Walkup, Downing, Shelby, Bastian, Melodia, Kelly & O'Reilly and Richard B. Goethals, Jr., for Plaintiffs and Appellants.

Thelen, Marrin, Johnson & Bridges, Rebecca A. Lewis and Wendell R. Mortimer for Defendants and Respondents.

OPINION

COMPTON, J.

Plaintiffs in an action for a wrongful death arising out of alleged medical malpractice appeal from a judgment of dismissal entered pursuant to Code of Civil Procedure section 583, for failure to bring the action to trial within five years. We reverse and remand.

At issue is the application of Code of Civil Procedure section 5831 to a court-ordered arbitration proceedings based...

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