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.