Chin

Chin v. Meier

Good Law
1 Cal. Rptr. 2d 499·1991 Cal. App. LEXIS 1306·235 Cal. App. 3d 1473·91 Daily Journal DAR 14121
Court of Appeal of CaliforniaNovember 14, 1991No. B050696California1,673 words

Opinion

Lead Opinion

Yegan, J.

—We hold that Code of Civil Procedure section 583.340, subdivision (c) tolling includes the aggregate time a case is continued because of courtroom unavailability regardless of whether a reasonable time remains *1475 to bring the action to trial before the expiration of the five-year limitation period.

Dawn M. Chin appeals from an order dismissing her civil action for failure to bring the case to trial within five years. (§§ 583.310, 583.340, 583.360. ) The trial court ruled that a series of continuances based upon courtroom unavailability did not extend or toll the five-year period for compulsory trial. (§ 583.340, subd. (c).) We reverse with directions.

On May 18, 1984, appellant filed a civil action for injunctive relief and damages claiming that respondents harmed her real property by improperly terracing their adjoining property. After many trial continuances and a coordination proceeding, respondents sought a mandatory dismissal based on appellant’s failure to bring the case to trial within five years. (§§ 583.310, 583.360. ) On March 30, 1990, the court granted the motion to dismiss.

The tolling periods are as follows:

On December 4, 1989, the case trailed in…

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