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BRUNS v. E-COMMERCE EXCHANGE, INC.

No. S172684.

51 Cal.4th 717 (2011)

DANA BRUNS, Plaintiff and Appellant, v. E-COMMERCE EXCHANGE, INC., et al., Defendants and Respondents.

Supreme Court of California.

February 28, 2011.

Attorney(s) appearing for the Case

Law Offices of Kevin M. Tripi and Kevin M. Tripi , for Plaintiff and Appellant.

Horvitz & Levy, Bradley S. Pauley , Robert H. Wright ; Bremer Whyte Brown & O'Meara, Nicole Whyte , Stephanie N. Rachel and Alison Hurley for Defendant and Respondent E-Commerce Exchange, Inc.

Duane Morris , Max H. Stern , W. Andrew Miller and Jessica E. La Londe for Defendants and Respondents CSB Partnership, Chris & Tad Enterprises, CSB & Ellison, LLC, CSB & Hinckley, LLC, CSB & Humbach, LLC, CSB & McCray, LLC, and CSB & Perez, LLC.

Quinn Emanuel Urquhart Oliver & Hedges, Jon Steiger , G. Lisa Wick , David E. Azar , Andrea L. Manka and Jon Cederberg for Defendant and Respondent Flagstar Bank, FSB.

Casello & Lincoln and James H. Casello for Defendants and Respondents Clayton Shurley, Elliot McCrosky, Daniel Quon and Fax.com, Inc.

OPINION

CHIN, J.—

Code of Civil Procedure section 583.310,1 which governs the action plaintiff Dana Bruns brought against defendants E-Commerce Exchange, Inc., et al., requires an action "be brought to trial within five years after the action is commenced against the defendant." Otherwise, dismissal of the action is "mandatory and . . . not subject to extension, excuse, or exception except as expressly provided...

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