Rosenthal

*1329 Opinion

Introduction

Jerome B. Rosenthal; Rosenthal & Norton; Rosenthal, Cook & Green; Rosenthal Green & Leon and Rosenthal & Leon (collectively referred to as Rosenthal) appeal from the judgment based on the order of dismissal of the action against Wendy Cole Wilner (aka Wendy Cole Lascher), Edward L. Lascher, Law Offices of Edward L. Lascher, and Lascher & Wilner (a professional corporation) (collectively referred to as the Laschers) for alleged misconduct in their appellate representation of Rosenthal in the case of Day v. Rosenthal. 1 The superior court dismissed the complaint because it was not brought to trial within six months from the termination of the stay ordered by this division of the Court of Appeal, pending resolution of the appeal of the underlying action, Day v. Rosenthal, supra.

Rosenthal contends that pursuant to Code of Civil Procedure section 583.350 the five-year statute (Code Civ. Proc., § 583.310) did not run until six months from the date the United States Supreme Court denied Rosenthal’s petition for writ of certiorari.

The Laschers contend that the stay ended when the Court of Appeal issued the remittitur on the Rosenthal v. Day appeal, and…