Charles L. Donohoe Co. v. Superior Court

This matter is again before us on petition for rehearing from an order of this court heretofore made dismissing the proceedings without prejudice and with leave to file another petition if so advised.

The petitioner in this case seeks a writ of mandate requiring the Judge of the Superior Court of the County of Glenn to dismiss a certain action therein pending, wherein Frank Freeman is plaintiff and Charles L. Donohoe Company et al. are defendants, action No. '2400. It appears in the petition for a writ of mandate that application was made to said Superior Court to dismiss said action on the ground that more than five years had elapsed since the filing of the defendants’ answer in said action and that no written stipulation extending the time of trial had been made and that said cause was not brought to trial within the time specified in section 583 of the Code of Civil Procedure. Upon the return made to this court it was made to appear by the answer filed in this proceeding that the trial court heard certain evidence upon the application made to it for the dismissal of said proceedings; that the evidence in said proceedings tended to show that one Joseph E. Bien was an attorney…