City of Los Angeles v. Superior Court of Tuolumne Cty.

This proceeding involves the construction and interpretation of section 583 of the Code of Civil Procedure, which requires the dismissal of an action on motion of the defendant, or on the court’s own motion, if not brought to trial within five years after answer is filed.

The matter is before this court on petition for a writ of mandate to require the superior court of Tuolumne County and the judge thereof to enter an order of dismissal in the case of Inyo Development Company v. The City of Los Angeles, pending in that court. The action was begun July 19, 1913, and was brought to enjoin the city of Los Angeles from diverting the waters of the Owens River from their natural channel, to the alleged detriment of plaintiff’s prior rights.

■Although there is some controversy as to the date of the filing of the answer of defendant, it satisfactorily appears that such answer was filed on or about the 17th of November, 1913. The action was never brought to trial, and on or about the twenty-first day of November, 1919, over six years after answer was filed, the defendant served its notice of motion for a dismissal. On the hearing of the motion the court made its order denying the…