Wale

Wale v. Rodriguez

Good Law
1988 Cal. App. LEXIS 1106·206 Cal. App. 3d 129·253 Cal. Rptr. 382
Court of Appeal of CaliforniaNovember 28, 1988B030710California918 words

Opinion

Opinion

Roth, J.

David Wale appeals from the dismissal of his action for failure to bring the case to trial within five years. We affirm.

Appellant filed his complaint against respondents alleging false arrest, malicious prosecution, false imprisonment and negligence on June 10, 1982. Respondents answered in July 1982. Appellant filed his at-issue memoran dum on August 2, 1982. Discovery ensued. On July 10, 1986, a trial setting conference was held. The court set the trial for October 15, 1986. Appellant was prepared to go to trial on that date.

On August 8, 1986, respondents moved to change venue from the Central District to the North Central District, on the grounds that the alleged injuries and damages occurred within the North Central District, and that the transfer would promote justice in that it would be more convenient for the witnesses. The trial court granted the motion on August 29, 1986, vacating the October 15 trial date.

On October 31, 1986, the court in the North Central District scheduled a trial setting conference for March 19, 1987. The mandatory settlement conference was scheduled for June 24, 1987. At the trial setting conference the court set the trial for August…

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