KAYE v. MOUNT LA JOLLA HOMEOWNERS ASSN.

Docket Nos. D004174, D006162.

204 Cal.App.3d 1476 (1988)

252 Cal. Rptr. 67

SAMUEL KAYE et al., Plaintiffs and Appellants, v. MOUNT LA JOLLA HOMEOWNERS ASSOCIATION et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

October 7, 1988.


Attorney(s) appearing for the Case

COUNSEL

Michael Kaye for Plaintiffs and Appellants.

Christopher Welsh, Marilyn Moriarty, Martha L. McGill and Coppo & Cosgrove for Defendants and Respondents.


OPINION

WIENER, Acting P.J.

Plaintiffs Samuel and Aline Kaye appeal a judgment of dismissal based on the five-year rule of Code of Civil Procedure section 583.310 and separately an order denying their motion to certify a defendant class of members of a condominium homeowners association. Consistent with the Legislature's directive that we liberally interpret exceptions to the five-year statute, we reverse the judgment of dismissal...

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