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WHEELER v. CITY OF SANTA MONICA

Docket No. B040523.

219 Cal.App.3d 1554 (1990)

269 Cal. Rptr. 175

LEO WHEELER, Plaintiff and Appellant, v. CITY OF SANTA MONICA, Defendant and Respondent.

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

May 3, 1990.

Attorney(s) appearing for the Case

COUNSEL

Strange & Hoey, Brian R. Strange and Gerald R. Lampton for Plaintiff and Appellant.

Robert M. Myers, City Attorney, and May Denitz, Deputy City Attorney, for Defendant and Respondent.

OPINION

GOERTZEN, J.

Plaintiff/appellant Leo Wheeler (appellant) appeals from a judgment of dismissal for failure to bring an action to trial within five years. (Code Civ. Proc., § 583.360.)1 He relies upon section 583.340, subdivision (a), which provides for a tolling of the five-year statute for periods during which "the jurisdiction of the court to try the action was suspended"; and, alternatively...

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