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MARRA v. MISSION FOODS CORP.

Docket No. A059911.

19 Cal.App.4th 724 (1993)

23 Cal. Rptr.2d 741

DAVID MARRA, Plaintiff and Appellant, v. MISSION FOODS CORPORATION, Defendant and Respondent.

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

October 21, 1993.

Attorney(s) appearing for the Case

COUNSEL

Aguilar & Sebastinelli, Kenneally & Helm and Bernard P. Kenneally for Plaintiff and Appellant.

Carlsmith, Ball, Wichman, Murray, Case, Mukai & Ichiki and Richard Lloyd Sherman for Defendant and Respondent.

OPINION

MERRILL, Acting P.J.

In this case, we decide that the stipulation giving the defendant an open extension of time to plead to the complaint did not bar dismissal of the action for delay in prosecution when the stipulation was for the benefit of the plaintiff, and upon giving notice, he could require the defendant to file a responsive pleading.

FACTUAL AND PROCEDURAL BACKGROUND

On April 14, 1989, plaintiff...

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