Superior Court of California 

County of Los Angeles 

Department 78 

 

SIMON PALAGASHVILI,

Plaintiff, 

vs. 

IGOR POLTAVSKI, et al., 

Defendants. Case No.: BC708614

MOTION TO DISMISS FILED BY DEFENDANTS IGOR POLTAVSKI AND OLGA PARIZHER

Defendants’ Motion to Dismiss is DENIED. 

PROCEDURAL HISTORY 

On June 4, 2018, Plaintiff filed his Complaint against Defendants.

On March 29, 2023, the parties filed a joint stipulation to arbitrate their claims. ed. The order signed by the Court on that same day stated that “the action shall be stayed pending completion of the arbitration and rendering of the arbitrator’s award.” 

The arbitration did not go forward. 

On December 29, 2023, the court lifted any stay imposed pursuant to the parties’ stipulation to arbitrate.

On April 15, 2024, Defendants filed this motion to dismiss.

On April 25, 2024, Plaintiff filed an opposition.

On April 30, 2024, Defendant filed a reply.

DISCUSSION 

Defendants move to dismiss this action on the grounds that Plaintiff failed to bring the matter to trial by the deadline set forth in Code Civ. Proc., section 583.310.

Legal Standard

Code Civ. Proc., section 583.310 provides that an action shall be brought to trial within five years after the action is commenced against the defendant. This requirement is mandatory and not subject to extension, excuse, or exception except as expressly provided by statute. (Code Civ. Proc., section 583.360, subd. (b).)

In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the following conditions existed:

a) The jurisdiction of the court to try the action was suspended.

b) Prosecution or trial of the action was stayed or enjoined.

c) Bringing the action to trial, for any other reason, was impossible, impracticable, or futile.

(Code Civ. Proc., section 583.340.)

Judicial Council Emergency Rule 10 provides that for all civil actions filed on or before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of five years and six months. 

An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article. (Code Civ. Proc., section 583.360.)

When the five-ear period is tolled or otherwise extended with the result that at the end of the period of tolling or extension less than six months remain within which the action may be brought to trial, a judge may not dismiss the action if it is brought to trial within 6 months after the end of the period of tolling or extension. (Code Civ. Proc., section 583.350.) This provision is not triggered by Emergency Rule 10(a) because it is an administrative rule, not a statute. (Ables v. A. Ghazale Brothers, Inc. (2022) 74 Cal.App.5th 823, 828.) 

Analysis

Plaintiff filed this case on June 4, 2018 and it was stayed on March 29, 2023. At that time, 1759 days, or four years and 299 days had passed since the filing of the action. There are 2008 days in five years and six months. Therefore, when this action was stayed, Plaintiff had 249 days to bring this action to trial.

On December 29, 2023, the Court lifted the stay in open court.

Defendants contend that the stay automatically lifted at an earlier time because the arbitration hearing did not take place within 180 days as stipulated by the parties.  

The stipulation and order both state: “this action shall be stayed pending completion of the arbitration and rendering of the arbitrator’s award.” The stipulation and order do not provide for the automatic dissolution of the stay if the arbitration hearing did not take place within 180 days. 

Thus, the stay continued until the Court lifted it on December 29, 2023. 

With 249 days remaining, Plaintiff must bring this matter to trial by September 3, 2024. Trial is currently set for July 29, 2024. Therefore, Plaintiff’s deadline to bring this matter to trial under Code Civ. Proc., section 583.310 has not passed.

Defendants’ motion to dismiss is denied.

DATED:  May 7, 2024 

_______________________

Hon. Jill Feeney  

Judge of the Superior Court