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BRIGHT v. AMERICAN TERMITE CONTROL CO.

Docket No. B042609.

220 Cal.App.3d 1464 (1990)

269 Cal. Rptr. 793

LINDA BRIGHT et al., Plaintiffs, v. AMERICAN TERMITE CONTROL COMPANY, INC., et al., Defendants and Respondents; ALLSTATE INSURANCE COMPANY, Intervener and Appellant.

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

May 4, 1990.

Attorney(s) appearing for the Case

COUNSEL

Fisher & Prager and Girard Fisher for Intervener and Appellant.

Tucker, Goldby & Freeman, Jack W. Tucker, Sidley & Austin and Donald Etra for Defendants and Respondents.

OPINION

BOREN, J.

Plaintiff in intervention, Allstate Insurance Company (Allstate), appeals following the dismissal of its complaint in intervention for want of prosecution since the action was not brought to trial within the mandatory five-year period. (Code Civ. Proc., §§ 583.310 and 583.360.)1 We hold that where the complaint in intervention by an insurer claiming property subrogation rights...

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