NASSIF v. MUNICIPAL COURT

Docket No. E005876.

214 Cal.App.3d 1294 (1989)

263 Cal. Rptr. 195

F. SCOTT NASSIF, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE DESERT JUDICIAL DISTRICT OF SAN BERNARDINO COUNTY, Defendant and Respondent; THOMAS DEPNER, Real Party in Interest and Respondent.

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

October 18, 1989.


Attorney(s) appearing for the Case

COUNSEL

Gale W. Slauson for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Richard A. Stack for Real Party in Interest and Respondent.


OPINION

HOLLENHORST, J.

This is a purported appeal from a judgment denying a petition for writ of mandate to compel the municipal court to dismiss an action for failure to prosecute within five years. Appellant (Nassif) contends that, when two actions have been filed, the five-year period runs from the filing of the first complaint in the first action and accordingly the court erred in denying his motion to dismiss. As we explain...

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