HARTMAN v. SANTAMARINA

Docket No. L.A. 31435.

30 Cal.3d 762 (1982)

639 P.2d 979

180 Cal. Rptr. 337

MAXINE C. HARTMAN, Plaintiff and Appellant, v. FERNANDO SANTAMARINA, Defendant and Respondent.

Supreme Court of California.

February 11, 1982.


Attorney(s) appearing for the Case

COUNSEL

Allan F. Grossman, Lawrence A. Chusid and Peterson & Moen for Plaintiff and Appellant.

Leonard Sacks, Harvey R. Levine, Robert E. Cartwright, Edward I. Pollock, William M. Shernoff, Stephen I. Zetterberg, Richard D. Bridgman, Sanford Gage, Arne Werchick, Victoria De Goff, Ian Herzog, Glen T. Bashore, Wylie Aitken and Ralph Drayton as Amici Curiae on behalf of Plaintiff and Appellant.

Haight, Dickson, Brown & Bonesteel, Ronald C. Kline, Roy G. Weatherup and Eric P. Lampel for Defendant and Respondent.


OPINION

KAUS, J.

Plaintiff appeals from a judgment of dismissal pursuant to section 583, subdivision (b), of the Code of Civil Procedure1 — the so-called "five-year statute." We reverse principally because the action was brought to trial within five years after it was filed. We also hold, however, that even if the case had not been brought to trial, the...

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