Prudential Insurance v. Superior Court

Petition for writ of mandate.

It is claimed in the petition that the trial court erroneously made an order denying a motion of petitioner to dismiss a certain action, in which it was defendant, on the ground that plaintiff in such action had not brought the same to trial within five years after issue joined.

The action was commenced on January 6, 1926. On June 17, 1926, defendant, petitioner herein, filed its verified answer. On February 15, 1927, plaintiff filed notice of motion to set cause for trial. The case was subsequently set for trial on October 27, 1927. On October 14, 1927, plaintiff served on defendant notice of time and place of trial. On the date set for trial the cause was continued to November 16, 1927; thence to November 28, 1927; thence to December 14, 1927. All such continuances were had at the request of the plaintiff. On December 20, 1927, a stipulation was entered into between the parties to the effect that the case might be dropped from the calendar, to be restored upon five days’ notice by either party. No other stipulation was ever entered into. After the making of this stipulation, plaintiff on May 15, 1930, filed a memorandum of notice to set the cause…