Rim Forest Lumber Co. v. Woodside Construction Co.

I respectfully dissent from the majority’s conclusion the trial court abused its discretion in dismissing plaintiff’s two actions against the Bank of America.

The majority loses sight of the criteria previously utilized by this court when determining abuse of discretion by the trial court in granting a motion to dismiss, pursuant to Code of Civil Procedure section 583, subdivision (a).

A brief factual background is necessary to explain why I refused, unlike the majority, to substitute my judgment for that of the trial court’s.

I

On October 29, 1979, plaintiff filed a complaint (San Bernardino County Super. Ct. No. 192927) naming Bank of America NT&SA and 27 other defendants. The principal defendants, Woodside Construction Co., Crestline Two, Crestline Four, Crestline Five and all the partners of these entities were in bankruptcy before this complaint was filed. 2 These bankruptcies terminated on January 6,1983. Plaintiff sought “money due and owing” and foreclosure of two mechanics hens. 3 Defendant bank agreed to accept service in *471 August 1980. Subsequently, on October 29, 1982, after receiving a series of extensions, defendant bank filed its answer. As of August 24,…

Plaintiff Rim Forest Lumber Company, Inc. (plaintiff or Rim Forest) appeals from orders dismissing the complaints in two related actions pursuant to former Code of Civil Procedure section 583, subdivision (a) (discretionary dismissal for failure to bring the action to trial within two years). We conclude this was a highly complex, interrelated litigation in which separate trial of the defendants was impracticable if not legally impossible and the trial court abused its discretion in dismissing the lawsuits.

Facts

1. The Actions

Plaintiff in 1979 filed complaints in two related actions against Woodside Construction Co. (Woodside) and numerous other individuals and entities. The essential thrust of each complaint was to collect, under various theories and causes of action, moneys allegedly due on account of construction materials provided to Woodside for a number of building projects. Woodside was evidently the construction contractor for all the building projects.

*457 The first action, superior court No. Cl 192927, filed October 29, 1979, consisted of four causes of action; two for money due and owing from Wood-side and related defendants, and two for foreclosure of…

KAUFMAN, Acting P.J.

Plaintiff Rim Forest Lumber Company, Inc. (plaintiff or Rim Forest) appeals from orders dismissing the complaints in two related actions pursuant to former Code of Civil Procedure section 583, subdivision (a) (discretionary dismissal for failure to bring the action to trial within two years). We conclude this was a highly complex, interrelated litigation in which separate trial of the defendants was impracticable if not legally impossible and the trial court abused its discretion in dismissing the lawsuits.

Plaintiff in 1979 filed complaints in two related actions against Woodside Construction Co. (Woodside) and numerous other individuals and entities. The essential thrust of each complaint was to collect, under various theories and causes of action, moneys allegedly due on account of construction materials provided to Woodside for a number of building projects. Woodside was evidently the construction contractor for all the building projects.

The first action, superior court No. CI 192927, filed October 29, 1979, consisted of four causes of action: two for money due and owing from Woodside and related defendants, and two for foreclosure of…