Membrila

Membrila v. Vonett Sales Co.

Good Law
1967 Cal. App. LEXIS 2106·250 Cal. App. 2d 299·58 Cal. Rptr. 544
Court of Appeal of CaliforniaApril 21, 1967Civ. 30350California458 words

Opinion

Opinion

Bishop, J.

The complaint in this action was filed February 21, 1962. An amended complaint was filed June 1, 1962, followed on January 17, 1963, by an amendment to the complaint. Over two years later, more than three years after the action was commenced, defendant Vonett Sales Company filed a notice of motion to dismiss for failure to bring the case to trial. It was opposed, partly on the plea that to grant it would deprive plaintiff of her day in court. The motion was granted.

On August 6, 1965, a notice of its motion to dismiss was filed by defendant Clairol, Inc. and a like notice was filed by defendant Salvador Garcia. Thereupon plaintiff gave notice that she would seek a reconsideration of the motion that was already granted. In support of her opposition to the new motions to dismiss, and of her motion to reconsider, she filed a declaration “in answer to the allegations that the file has lain dormant.” It listed some 18 events since March 21, 1962, the inaccurate date given for commencing the action, including several actions taken by the defendants and concluding the schedule of events with this one: ‘‘ 23. August 28, 1964. Special Pretrial Settlement Conference scheduled in Department…

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