CUBIT v. RIDGECREST COMMUNITY HOSPITAL

Docket Nos. F006263 and F006487.

194 Cal.App.3d 1552 (1987)

240 Cal. Rptr. 346

MICHELLE CUBIT et al., Plaintiffs and Appellants, v. RIDGECREST COMMUNITY HOSPITAL et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

September 24, 1987.


Attorney(s) appearing for the Case

COUNSEL

Anderson, Parkinson, Weinberg & Miller, Thomas T. Anderson, De Goff & Sherman, Victoria J. De Goff and Richard Sherman for Plaintiffs and Appellants.

Clifford, Jenkins & Brown, John R. Szewczyk, Bauer, Harris & McEvoy, John Patrick McEvoy, Ann G. Diener, Horvitz, Levy & Amerian, Peter Abrahams, Frederic D. Cohen, McGahan & Engle and Marsha Rutenbar for Defendants and Respondents.


OPINION

BEST, J.

Plaintiffs appeal from a judgment dismissing their complaint pursuant to Code of Civil Procedure section 583, subdivision (a) (discretionary dismissal for failure to bring the action to trial within two years).1 Plaintiffs contend the trial court abused its discretion in dismissing their complaint. We agree and reverse the judgment.

FACTS

Arthel Cubit died on January...

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