Holder v. Sheet Metal Worker's International Ass'n

There have been varying degrees of publicity given to the two-, three- and five-year periods limiting the time within which a case must be brought to trial or otherwise dismissed pursuant to Code of Civil Procedure section 583. The “five-year” provision of subdivision (b) has now become part of the parlance of the trial bar as court congestion seems to have made the “five-year” case the rule rather than the exception. The present case involves the less publicized three-year provision of subdivision (c) pertaining to the time within which a case must be brought to trial after reversal on appeal. As we shall explain, despite the apparent mandatory language of that subdivision, a trial court may not be deprived of its power to exercise discretion where there are circumstances warranting the application of waiver or estoppel. We reverse the judgment in order to permit a trial on the merits.

Factual and Procedural Background

Gene D. Holder and Gene’s Heating and Air Conditioning (Holder) sued a labor union and two of its officers (Union) on various theories requesting compensatory and punitive damages. Following appellate review of the judgment, the remittitur was filed in…