Chamberlain

INTRODUCTION

David T. and Linda Chamberlain (the Chamberlains) appeal from the order granting the motion of Martin D. Fern, Linda Taylor-Fern, and 1 First Realm, LLC, to dismiss the Chamberlains’ complaint pursuant to Code 2 of Civil Procedure section 583.310. The trial court found the Chamberlains had failed to bring the action to trial within five years as required by section 583.310. We reverse because in calculating those five years, the trial court did not exclude all periods of time in which bringing the action to trial was impossible, impracticable, or futile within the meaning of section 583.340, subdivision (c). The trial court should have excluded the period of time from March 17, 2020 through August 18, 2021 in calculating when the five years in which to bring the action to trial expired. The Chamberlains filed their complaint on December 22, 2015. On February 18, 2020, counsel for the Chamberlains and counsel for defendants appeared before Judge Linda S. Marks,3 and answered ready for trial. Boxes of exhibits were brought to the

1 We refer to Martin D. Fern and Linda Taylor-Fern together as the Ferns. First Realm, LLC (First Realm) is not a party to this appeal. 2…