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TAMBURINA v. COMBINED INS. CO. OF AMERICA

No. C051148.

54 Cal.Rptr.3d 175 (2007)

147 Cal.App.4th 323

J. Jay TAMBURINA, Plaintiff and Appellant, v. COMBINED INSURANCE COMPANY OF AMERICA et al., Defendants and Respondents.

Court of Appeal of California, Third District.

January 31, 2007.

Attorney(s) appearing for the Case

Wilcoxen, Callahan, Montgomery & Deacon, Gary Callahan, E.S. Deacon, Sacramento; Haley & Bilheimer, Allan S. Haley, John Bilheimer, Nevada City; Montague & Viglione and John D. Montague, Sacramento, for Plaintiff and Appellant.

DLA Piper Rudnick Gray Cary, Margaret L. Parker, Rodney Sorensen, Kari S. Gregory and Jean M. Hobler, Sacramento, for Defendant and Respondent.

DAVIS, Acting P.J.

Plaintiff J. Jay Tamburina (Tamburina) appeals from a judgment of dismissal for failing to bring his action to trial within the five-year statutory period. (Code Civ. Proc, §§ 583.310, 583.360.)1

We disagree with the trial court and conclude that Tamburina has cleared two of the three hurdles required to apply the impracticability (tolling) exception...

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