Dubois

Dubois v. Corroon & Black Corp.

Good Law
12 Cal. App. 4th 1689·16 Cal. Rptr. 2d 719·1993 Cal. App. LEXIS 118·93 Daily Journal DAR 1861·93 Cal. Daily Op. Serv. 984
Court of Appeal of CaliforniaFebruary 5, 1993B060207California3,857 words

Opinion

Opinion

Dunn, J.

Plaintiff appeals from the judgment of dismissal on May 21, 1991, pursuant to Code of Civil Procedure section 583.420, subdivision (a)(2)(A), authorizing discretionary dismissal for unreasonable delay in the prosecution of one’s case; and from the order of July 2, 1991, denying reconsideration and relief under section 473 of the Code of Civil Procedure. We affirm.

I. Statement of Facts and Procedural Background

Plaintiff filed his complaint against Corroon & Black Corporation, Douglas H. Judson and Norb W. Clements on January 21,1987, alleging negligent misrepresentation and breach of an insurance sales contract. Each of the defendants was served in April 1987. By letter from defendants to plaintiff’s attorneys dated May 29, 1987, an open extension of time to respond to the complaint was mutually stipulated to in writing and remained open about one year. There were settlement negotiations which were not fruitful. Plaintiff engaged in some discovery in early 1988 in the form of an inspection demand and a request for production of documents. Plaintiff granted to defendants extensions of time to respond to the discovery requests. In response to plaintiff’s demand,…

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