BERRY v. WEITZMAN

Docket B023135.

203 Cal.App.3d 351 (1988)

249 Cal. Rptr. 816

WILLARD S. BERRY et al., Plaintiffs and Appellants, v. GERALD M. WEITZMAN, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

July 29, 1988.


Attorney(s) appearing for the Case

COUNSEL

Rudolph Pacht for Plaintiffs and Appellants.

Laurence E. Clark and Wanda Grasse for Defendant and Respondent.


OPINION

KLEIN, P.J.

Plaintiffs and appellants Willard S. Berry and Aubra Berry (Berrys) appeal an order granting defendant and respondent Gerald M. Weitzman's (Weitzman) motion to dismiss on the ground the action was not brought to trial within five years.

Because the running of the five years was not automatically tolled by Weitzman's filing of the request for trial de novo...

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