BENNETT v. BENNETT CEMENT CONTRACTORS, INC.

Docket No. 20638.

125 Cal.App.3d 673 (1981)

178 Cal. Rptr. 633

JAMES W. BENNETT, Plaintiff and Appellant, v. BENNETT CEMENT CONTRACTORS, INC., et al., Defendants and Respondents.

Court of Appeals of California, Third District.

October 16, 1981.


Attorney(s) appearing for the Case

COUNSEL

Perkovich, Dauenhauer & Gums and Michael L. Gums for Plaintiff and Appellant.

Max H. Hoseit, Herman L. Koelewyn, Steven W. Linthicum and D. Jack Haycock for Defendants and Respondents.


OPINION

REYNOSO, Acting P.J.

Does the five-year statute apply when the failure is due to the court calendar and not to plaintiff's lack of diligence? James Bennett, plaintiff and appellant, appeals from a judgment of dismissal entered after the Yolo County Superior Court granted defendants' motion to dismiss based upon plaintiff's failure to bring the action to trial within five years...

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