Central Mutual Ins. v. Executive Motor Home Sales, Inc.

Nature of Appeal:

Plaintiffs appeal from dismissal of action for failure to bring the case to trial within five years. (Code Civ. Proc., § 583, subd. (b).) We affirm.

Chronological Events:

On August 20, 1976, individual plaintiffs joined by several insurance companies as plaintiffs filed an action against defendants for loss incurred by fire of a mobilehome. On April 22,1981, a trial setting conference was held. The matter by court order was set for trial to be held on October 7, 1981, and a mandatory settlement conference was scheduled for September 16, 1981. No significant procedural steps or matters relevant to the issue at bench had occurred between the filing of the complaint and the trial setting conference.

On August 20, 1981, the five-year statute of limitations expired and within the next five days all defendants moved for dismissal pursuant to Code of Civil Procedure section 583, subdivision (b). On September 9, 1981, the motions were heard and the action was dismissed.

Between the date of the trial setting conference on April 22, 1981, and the end of the five-year period on August 20, 1981, no particularly significant activity was taken by either side…