Judge: Elaine W. Mandel, Case: SC129036, Date: 2023-10-19 Tentative Ruling

Case Number: SC129036    Hearing Date: October 19, 2023    Dept: P

Tentative Ruling

Weber v. Taylor et al., Case No. SC129036

Hearing Date October 19, 2023

Defendant Taylor’s Motion to Dismiss

On March 30, 2023 the court denied defendant Taylor’s motion to dismiss plaintiff Weber’s complaint for failure to bring this matter to trial within five years of commencement. The court held that under Cal. Rules of Court Emergency Rule 10(a), the five-year period would expire on September 23, 2023. With 9/23/2023 having passed, Taylor moves again for dismissal.

Ordinarily, civil actions are subject to mandatory dismissal if not brought to trial within five years after the action was commenced. Cal. Code of Civ. Proc. §583.310. This deadline is tolled during stay of trial pending appeal. Cal. Code of Civ. Proc. §583.340; Holland v. Dave Altman’s R.V. Center (1990) 222 CA3d 477, 481-483.

On September 5, 2023, the court issued a stay of all proceedings pending appeals filed by Weber and Taylor. Therefore, under Cal. Code of Civ. Proc. §583.340, the five-year period is tolled. DENIED.