Hattersley
Hattersley v. American Nucleonics Corp.
Opinion
Opinion
Yegan, J.
Thomas Hattersley appeals from an order dismissing his cross-complaint for failure to bring the action to trial within three years after reversal on appeal. (Code Civ. Proc., § 583.320, subd. (a)(3).) We reverse and hold the three-year period was tolled three hundred fourteen days because of courtroom unavailability. (Code Civ. Proc., § 583.340, subd, (c); Chin v. Meier (1991) 235 Cal.App.3d 1473, 1477-1478 [ 1 Cal.Rptr. 499 ]; Rose v. Scott (1991) 233 Cal.App.3d 537, 542 [ 284 Cal.Rptr. 487 ].)
In 1982 respondent American Nucleonics Corporation sued appellant, a former employee, for money due on a $41,100 promissory note. Appellant cross-complained for wrongful termination and fraud. Following a jury trial, verdicts were entered on the complaint and cross-complaint. Both sides appealed.
As to appellant, we affirmed on liability but reversed the $71,070 fraud judgment and remanded for retrial solely on the issue of compensatory damages. (American Nucleonics Corporation v. Hattersley (June 5, 1987) B013957 [nonpub. opn.].) The remittitur was filed in the trial court on August 10, 1987.
In 1988 appellant requested a preferential trial setting based on the three-year…