Tejada
Tejada v. Blas
Opinion
Opinion
Merrill, J.
—Plaintiff Myma F. Tejada, doing business as Phil-Am Films Exchange, appeals from an order dismissing her action for failure to bring it to trial within five years. (Code Civ. Proc,. §§ 583.310, 583.360.) We affirm.
I
Facts
Plaintiff filed the complaint on November -10, 1980. The complaint named as defendants Emilia S. Bias, Cecilia D. Pennington, and G.S. Sikand among others. Bias and Pennington filed an answer and a cross-complaint on February 17, 1981, and an amended cross-complaint on May 15, 1981. Plaintiff answered the amended cross-complaint on June 11, 1981. G.S. Sikand, the remaining defendant, answered the complaint on August 10, 1981.
Plaintiff filed an at-issue memorandum on November 18, 1982. On April 25, 1983, plaintiff noticed the taking of the depositions of the three defendants, including Bias, for June 1983. Defendant Bias, however, was a resident of the Philippines at the time of service of the notice, and was not required to attend the deposition absent court order. (§§ 1989, 2019, subd. (b)(2).) Plaintiff’s counsel apparently did not seek such court order. Following the filing of a trial setting and arbitration conference statement, the matter was…