Elliano

Plaintiff George Elliano’s home, insured against fire perils by the defendant Assurance Company of America, was totally destroyed by fire on October 9, 1958. After a somewhat extended period of unsuccessful negotiations to settle the amount of the loss, Elliano filed suit on May 11, 1961. Judgment went against him, only to be reversed on appeal (Elliano v. Assurance Co. of America (1970) 3 Cal.App.3d 446 [ 83 Cal.Rptr. 509 ]). The remittur was filed in the trial court following the decision on that appeal on March 16, 1970.

On March 13, 1973, Elliano filed a notice of motion set for hearing on March 15, 1973, to specially set the case for trial on March 15, 1973, that assertedly being the last day on which the case could be brought to trial under the three-year provision of the Code of Civil Procedure, section 583 (present subd. (c)). An order shortening time was secured.

The motion was heard on March 15, 1973, and trial was ordered to commence that day. That afternoon trial began. The full proceedings of the trial on March 15, 1973, are set forth in the margin. Trial was by the court. It resulted in a judgment for plaintiff Elliano. He appeals, contending in essence…