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SALAS v. SEARS, ROEBUCK & CO.

Docket No. L.A. 32146.

42 Cal.3d 342 (1986)

721 P.2d 590

228 Cal. Rptr. 504

FRANCISCO R. SALAS, a Minor, etc., et al., Plaintiffs and Appellants, v. SEARS, ROEBUCK & COMPANY, Defendant and Respondent.

Supreme Court of California.

August 7, 1986.

Attorney(s) appearing for the Case

COUNSEL

Oliver, Sloan, Vargas, Lindvig, Matthew, Jacobs & Pico, Oliver, Sloan, Vargas, Jacobs & Pico and Leonard Sacks for Plaintiffs and Appellants.

Lillick, McHose & Charles, Ralph D. Kirwan and John Randolph Haag for Defendant and Respondent.

OPINION

MOSK, J.

In this appeal from a mandatory dismissal for failure to bring the action to trial within five years after filing the complaint, we address the issue whether the trial court has discretion to deny a motion for trial preference intended to avoid such dismissal.

We granted review because of a conflict of decision on this issue. (Compare Campanella v. Takaoka (1984) 160 Cal...

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