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SCHWENKE v. J & P SCOTT, INC.

Docket No. H003318.

205 Cal.App.3d 71 (1988)

252 Cal. Rptr. 91

ROBERT W. SCHWENKE, Plaintiff and Appellant, v. J & P SCOTT, INC., et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

October 13, 1988.

Attorney(s) appearing for the Case

COUNSEL

Robert J. Williams, Helen E. Williams and Williams & Williams for Plaintiff and Appellant.

Laurence J. McEvoy and Stone, Clayton & McEvoy for Defendants and Respondents.

OPINION

BRAUER, J.

Plaintiff Robert Schwenke appeals from a judgment of dismissal for failure to bring an action to trial within five years of its commencement.1 He relies upon section 583.340, subsections (a) and (c), which provide for a tolling of the five year statute for periods during which "the jurisdiction of the court to try the action was suspended...

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