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GAINES v. FIDELITY NATIONAL TITLE INS. CO.

No. S215990.

62 Cal.4th 1081 (2016)

199 Cal. Rptr. 3d 137

365 P.3d 904

MILTON HOWARD GAINES, Plaintiff and Appellant, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY et al., Defendants and Respondents.

Supreme Court of California.

February 25, 2016.

Attorney(s) appearing for the Case

Ivie, McNeill & Wyatt, W. Keith Wyatt and Antonio K. Kizzie for Plaintiff and Appellant.

Fidelity National Law Group, Kevin R. Broersma and Jordan Trachtenberg for Defendants and Respondents Fidelity National Title Insurance Company and Bobbie Jo Rybicki.

Knapp, Petersen & Clarke, Garcia Legal, Steven Ray Garcia and Alexander Levy for Defendants and Respondents Lehman Brothers Holdings, Inc., and Aurora Loan Services, LLC.

No appearance for Defendants and Respondents Joshua Tornberg, Craig Johnson, Ray Management Group, Inc., and A.J. Roop.

OPINION

Plaintiff's lawsuit was dismissed for failure to comply with Code of Civil Procedure1 section 583.310, which requires that an action "be brought to trial within five years after the action is commenced against the defendant." The issue here is whether the statute was tolled by...

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