Judge: Lynne M. Hobbs, Case: BCV14376, Date: 2023-09-27 Tentative Ruling
Case Number: BCV14376 Hearing Date: September 27, 2023 Dept: 30
KAFI SWANIKER ET AL VS TRACY R CHILDS M D ET AL
Motion to Dismiss
Ruling: Defendant’s motion is DENIED. Moving party to give notice.
Discussion:
Defendant moves to dismiss this action on the grounds that Plaintiff failed to bring the matter to trial within five years.
Plaintiff originally filed her action on July 23, 2018. The five-year deadline to bring the matter to trial was July 23, 2023. Pursuant to Emergency Rule 10, this period was extended for six months to January 23, 2024. Thus, the five-year deadline to bring this matter to trial has not passed.
Plaintiff’s action is not dismissed pursuant to Code of Civil Procedure section 583.360.