Martin

Martin v. K & K PROPERTIES, INC.

Good Law
188 Cal. App. 3d 1559·1987 Cal. App. LEXIS 1342·234 Cal. Rptr. 161
Court of Appeal of CaliforniaJanuary 30, 1987B009841California2,916 words

Opinion

Opinion

Kennard, J.

Respondents in this matter are William Everett Kane, Barbara Kelly, and K&K Properties, Inc. They are the original plaintiffs and cross-defendants. Appellants are William W. Martin, Richard L. Noble, Robert E. Mosher, and the Legal Action Committee for Marlin Investments. The committee represents some 400 creditors in an underlying bankruptcy action filed in the federal court in 1976. The committee was formed to protect the creditors’ interests and to pursue legal actions against respondents. Appellants are the original defendants and cross-complainants.

Appellants appeal from a dismissal of their cross-complaint under subdivisions (a) and (b) of former section 583 of the Code of Civil Procedure (hereafter sections 583(a) and 583(b)). These orders of dismissal are directly appealable (Salas v. Sears, Roebuck & Co. (1986) 42 Cal.3d 342, 345 [ 228 Cal.Rptr. 504 , 721 P.2d 590 ]; Manor Drug Stores v. Blue Chip Stamps (1977) 71 Cal.App.3d 423, 424 [ 139 Cal.Rptr. 483 ]), and we affirm them.

Background

This case comes to us on a voluminous clerk’s transcript of 4,717 pages. To understand the complex background out of which this matter arose requires a brief discussion of…

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