Parlen

Parlen v. Golden State Sanwa Bank

Good Law
194 Cal. App. 3d 906·1987 Cal. App. LEXIS 2106·240 Cal. Rptr. 73
Court of Appeal of CaliforniaSeptember 14, 1987B018546California2,943 words

Opinion

Opinion

McCLOSKY, J.

Plaintiff Marilyn Parlen (Parlen) appeals from a judgment of dismissal of this action entered pursuant to Code of Civil Procedure section 583.410 for delay in prosecution of her case. This dismissal followed the denial of her motion to specially set the case for trial.

On January 14, 1981, plaintiff instituted this lawsuit. The substance of her complaint is not relevant to the determination of this appeal. On February 18, 1982, plaintiff amended her complaint by naming First City Bank, the predecessor-in-interest to respondent Golden State Sanwa Bank (Sanwa Bank), as Doe Defendant No. 1.

On March 18, 1982, Sanwa Bank filed its answer to Parlen’s complaint.

On May 7, 1982, leave of court having been granted, Parlen filed a first amended complaint. Sanwa Bank filed an answer to the first amended complaint on June 10, 1982.

The record on appeal discloses no further effort by Parlen to bring this case to trial until November 5, 1985, when she filed an at-issue memorandum.

On November 6, 1985, Parlen filed a motion to specially set the case for trial on the ground “that the original Complaint was filed in January, 1981, and this action is now within four (4)…

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