Tamburina
Tamburina v. Combined Insurance Co. of America
Opinion
Opinion
Davis, J.
Plaintiff J. Jay Tamburina (Tamburina) appeals from a judgment of dismissal for failing to bring his action to trial within the five-year statutory period. (Code Civ. Proc., §§ 583.310, 583.360.)
We disagree with the trial court and conclude that Tamburina has cleared two of the three hurdles required to apply the impracticability (tolling) exception to the five-year requirement: (1) he has shown a circumstance of impracticability (lengthy illness) that (2) has a “causal connection” to his failure to move the case to trial. (§ 583.340, subd. (c) (hereafter, section 583.340(c)); Sierra Nevada Memorial-Miners Hospital, Inc. v. Superior Court (1990) 217 Cal.App.3d 464, 473 [ 266 Cal.Rptr. 50 ] (Sierra Nevada).)
The trial court has yet to determine whether Tamburina cleared the third and final hurdle: Was he reasonably diligent in prosecuting the case at all stages of the proceedings? Consequently, we reverse and remand for the trial court to consider the issue of diligence, and this will determine whether the impracticability exception applies here.
Background
On December 3, 1999, Tamburina sued his employer of 35 years, defendant Combined Insurance Company of America…