DE SANTIAGO v. D AND G PLUMBING, INC.

No. E041294.

65 Cal.Rptr.3d 882 (2007)

155 Cal.App.4th 365

Joaquin DE SANTIAGO, Plaintiff, v. D AND G PLUMBING, INC., et al., Defendants and Respondents; Star Insurance Company, Intervener and Appellant.

Court of Appeal of California, Fourth District, Division Two.

September 19, 2007.


Attorney(s) appearing for the Case

Laughlin, Falbo, Levy & Moresi and Kermit N. Sprang, Anaheim, for Intervenor and Appellant.

Ault, Schonfeld, Jordan & Munro and Jeffrey L. Ebright, San Diego, for Defendants and Respondents MR Development, Inc. dba A & M Construction and Juan Gabrial Fernandez.

Lee, Bazzo, & Nishi, Ted M. Lee and Allison M. Hunt for Defendant and Respondent D and G Plumbing.


OPINION

GAUT, J.

Intervenor and appellant Star Insurance Company (Star) appeals from a judgment of dismissal for failing to bring its complaint-in-intervention to trial within the five-year statutory period. (Code Civ. Proc., §§ 583.310, 583.360.)1

Star contends the five-year limitation period did not bar its action because the impracticability exception, based on court congestion, tolled the five-year limitation...

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