Gonzalez

Gonzalez v. County of Los Angeles

Good Law
122 Cal. App. 4th 1124·19 Cal. Rptr. 3d 381·2004 Cal. App. LEXIS 1636·2004 Daily Journal DAR 12228·2004 Cal. Daily Op. Serv. 8975
Court of Appeal of CaliforniaSeptember 30, 2004B168867California2,216 words

Opinion

Opinion

Mallano, J.

A civil action must be brought to trial within five years after it is commenced. (Code Civ. Proc., §§ 583.310, 583.360, subd. (a).) This deadline is tolled where, as here, the action is submitted to mediation during the last six months of the five-year period. (See id., § 1775.7, subd. (b); all further statutory references are to the Code of Civil Procedure.) In this case, the mediation was not successful.

Defendants moved to dismiss the action for failure to comply with the five-year statute. Plaintiff opposed the motion, arguing that the deadline had been tolled by the mediation. The trial court granted the motion.

We conclude that the trial court misinterpreted the five-year statute and, as a result, did not correctly determine the period of tolling. Properly interpreted, the five-year statute did not terminate the action. We therefore reverse.

I

BACKGROUND

On December 15, 1997, plaintiff was involved in a traffic accident with Los Angeles County Deputy Sheriff Robert Claus.

On May 14, 1998, plaintiff filed this action against the County of Los Angeles, the sheriff’s department, and Deputy Sheriff Claus, seeking to recover for personal injuries. Under the…

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