Cox

The principal issue on this appeal is whether a partial adjudication of issues pursuant to Code of Civil Procedure section 437c constitutes a “trial” under Code of Civil Procedure section 583, subdivision (b).

Lemaire, Faunce & Katznelson, (Lemaire) respondent to this appeal, filed a complaint on September 26, 1978, against Robert Cox, appellant, for failure to pay attorneys fees. Cox cross-complained against Lemaire alleging, among other things, negligence on behalf of Lemaire in the handling of his case. The cross-complaint was filed on September 26, 1978. The complaint was dismissed and no appeal was taken, therefore, the issue raised in this appeal involves only the cross-complaint.

On September 16, 1982, Lemaire filed a motion for summary adjudication of issues pursuant to Code of Civil Procedure section 437c. The motion was granted in part and denied in part.

On March 23, 1984, approximately five years and six months after the complaint and cross-complaint were filed, Lemaire filed a motion to dismiss the cross-complaint pursuant to Code of Civil Procedure section 583, subdivision (b). The motion was granted and this appeal followed.

Cox argues that the court…