PELTIER v. McCLOUD RIVER R.R. CO.

Docket No. C018729.

34 Cal.App.4th 1809 (1995)

41 Cal. Rptr.2d 182

TIMOTHY P. PELTIER, Plaintiff and Appellant, v. McCLOUD RIVER RAILROAD COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

May 22, 1995.


Attorney(s) appearing for the Case

COUNSEL

E. Elizabeth Summers, Elliot L. Bien, Hildebrand, McLeod & Nelson and Anthony S. Petru for Plaintiff and Appellant.

Moss & Enochian, Steven R. Enochian and Mark D. Norcross for Defendant and Respondent.


OPINION

SIMS, Acting P.J.

The trial court dismissed plaintiff Timothy P. Peltier's personal injury suit for failure to bring the case to trial within three years (Code Civ. Proc., § 583.410; all further undesignated section references are to this code). He moved for relief under section 473, asserting that his attorney's decision not to move the case forward until plaintiff's condition had stabilized constituted mistake or neglect...

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