Dowling
Dowling v. Farmers Insurance Exchange
Opinion
Lead Opinion
Croskey, J.
Rhonda Dowling, individually and on behalf of others similarly situated, appeals the dismissal of her class action and individual *688 complaint against Fanners Insurance Exchange (Farmers). The trial court concluded that the five-year period to bring the action to trial (Code Civ. Proc., § 583.310) expired on June 17, 2010, pursuant to the parties’ written stipulation. The court therefore granted Farmers’s motion to dismiss the class action allegations and later dismissed the entire action. Plaintiffs contend the court’s interpretation of the stipulation was erroneous and the five-year period should be tolled beyond June 17, 2010.
We believe that the court properly interpreted the stipulation but erred by failing to consider the potential impact on this case of appellate proceedings in a related action in determining whether it was impracticable or futile to bring this action to trial. We therefore will reverse the judgment and remand for a limited reconsideration of Farmers’s motion to dismiss.
FACTUAL AND PROCEDURAL BACKGROUND
1. Complaint and Other Early Proceedings
Douglas Ryan commenced the present action by filing a complaint against Farmers in June 2003…