A. Groppe & Sons Glass Co. v. Fireman's Fund Insurance Co.
Opinion
Opinion
Cottle, J.
—Plaintiff A. Groppe & Sons Glass Company, Inc., appeals from a judgment entered after the trial court granted the motion of defendant Fireman’s Fund Insurance Company to dismiss the action for failure to serve summons and complaint within two years. (Code Civ. Proc., §§ 583.410, 583.420, subd. (a)(1).) We conclude the trial court did not abuse its discretion in granting this discretionary dismissal and, accordingly, we affirm the judgment.
Facts
Defendant Dusan Slepcevic, the owner of certain real property in Gilroy, California, hired defendant Carl N. Swenson Co., a general contractor, to construct two commercial buildings on his land. Swenson, in turn, hired plaintiff to do the glass work and glazing of the buildings. For work and materials, plaintiff was to receive a total of $1,012,644.
Swenson did not pay plaintiff $427,843.56 due under the contract. On December 18, 1985, plaintiff filed and recorded a mechanic’s lien for the unpaid balance. The lien was removed on January 17, 1986, when defendant Fireman’s Fund Insurance Company recorded a mechanic’s lien release bond under Civil Code section 3143, undertaking to pay any sum plaintiff was owed.