Judge: Lee W. Tsao, Case: VC066444, Date: 2023-05-19 Tentative Ruling

Case Number: VC066444    Hearing Date: May 19, 2023    Dept: C

Solis v. Patel VC066444

Plaintiff's Ex Parte Application to Set Aside the Dismissal of Defendant BALUBHAI PATEL and Leave of Court to File Her Proposed Default Package Documents and/or any Documents or Briefly Extend the Five Year Prosecution Date and Set an OSC Date in Re: Judgment is DENIED. Court Clerk to give notice. 

CCP 583.310 provides that "an action shall be brought to trial within five years after the action is commenced against the defendant." "Absent a qualifying stipulation to 'extend the time within which an action must be brought to trial' under section 583.330, or tolling of the allowed five-year period, dismissal of an action that has not reached trial at the end of five years is mandatory under section 583.360. Under the press of this statutory requirement, anyone pursuing an action in the California courts has an affirmative obligation to do what is necessary to move the action forward to trial in timely fashion." (Tanguilig v. Neiman Marcus Group, Inc. (2018) 22 Cal.App.5^th 313, 322.) CCP 583.340 provides: "In computing the time within which an action must be brought to trial pursuant to this article, there shall be exclded 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." 

This action was filed On July 25, 2017. The 5 year statute was extended by the Court to April 27, 2023. On April 27, 2023 the Court extended the 5 year statute date once more by 7 days. The action was not brought to trial by April 27, 2023, plus the 7 day extension provided by the Court. No stipulation to continue the action beyond the mandatory five year deadline was executed and the five year period has not been tolled (beyond the time allotted by the Court). The burden to bring this matter to trial was Plaintiff's. (See Tamburina v. Combined Ins. Co. of American (2009) 147 Cal.App.4th 323, 336.) Indeed, the diligence required of a litigant increases as the five-year deadline approaches. (Freedman v. Pac. Gas & Electric Co. (1987) 196 Cal.App.3d 696, 703.) The Court mandatorily dismissed this action on May 8, 2023. The five years required to bring the case to trial has expired. The Motion to Set Aside the Dismissal is DENIED.