Munoz
Munoz v. City of Tracy
Opinion
Opinion
Renner, J.
Plaintiff Rosa Elena Munoz appeals from a judgment dismissing her personal injury action against the City of Tracy (City) for failure to bring the action to trial within five years, as required by Code of Civil Procedure section 583.310 et seq. (Code Civ. Proc., § 583.310.) She contends the trial court erred in dismissing her case because the parties had executed a written stipulation extending the time for trial to a date certain beyond the five-year deadline. We agree and reverse.
BACKGROUND
On December 3, 2008, Munoz, a minor at the time, filed a complaint for negligence and premises liability against the City. The complaint alleged that Munoz was injured by a falling tree branch while playing at a City park.
On March 8, 2012, the parties participated in nonbinding arbitration. The arbitrator entered an award in favor of the City. On March 19, 2012, Munoz filed a request for trial de novo, which was granted.
On December 13, 2012, the trial court denied the City’s motion for summary judgment. Trial was set for January 14, 2013.
On January 8, 2013, the parties entered into a written stipulation to continue the trial from January 14, 2013, to October 28, 2013.