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PUTNAM v. CLAGUE

Docket Nos. F014197, F014202, F014371.

3 Cal.App.4th 542 (1992)

MICHAEL PUTNAM et al., Plaintiffs and Appellants, v. BRIAN CLAGUE, Defendant and Respondent. GENE C. HESS et al., Plaintiffs and Appellants, v. BRIAN CLAGUE, Defendant and Respondent. EDDIE D. RAGSDALE et al., Plaintiffs and Appellants, v. BRIAN CLAGUE, Defendant and Respondent.

Court of Appeals of California, Fifth District.

February 7, 1992.

Attorney(s) appearing for the Case

COUNSEL

Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link, Paul V. Melodia, De Goff & Sherman and Victoria J. De Goff for Plaintiffs and Appellants.

Baker, Manock & Jensen, Donald R. Fischbach and Douglas M. Larsen for Defendant and Respondent.

OPINION

THAXTER, J.

These three consolidated appeals present the frequently raised, always troubling, question of whether the trial court abused its discretion in dismissing an action for delay in prosecution. We hold that when the plaintiff makes a credible showing of excuse, based on counsel's decisions which are not clearly unreasonable, dismissal should not be ordered unless the...

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