Rel

Rel v. Pac. Bell Mobile Servs.

Good Law
245 Cal. Rptr. 3d 490·33 Cal. App. 5th 882
Court of Appeal of CaliforniaMarch 29, 2019A152225California3,294 words

Opinion

Lead Opinion

Burns, J.

*885 The trial court dismissed this proposed class action lawsuit because plaintiffs failed to comply with Code of Civil Procedure section 583.310, 1 which requires an action to "be brought to trial within five years after the action is commenced against the defendant." The main issue here is whether a pretrial order dismissing the class claims qualifies as a "trial" for purposes of the five-year dismissal statute. In class action lawsuits, such a pretrial order is treated as a final judgment and is therefore immediately appealable under the so-called death knell doctrine. A second issue is whether an appellate decision reversing a death knell order triggers a three-year extension under section 583.320, subdivision (a)(3). Both are issues of first impression.

*886 We conclude a death knell order does not constitute a trial under the five-year dismissal statute and an appellate decision reversing such an order does not trigger the three-year extension. Accordingly, we affirm.

BACKGROUND

A.

The Death Knell Doctrine

The one final judgment rule is a fundamental rule of appellate practice: " ' "an appeal may be taken only from the final judgment in an entire action." ' " ( In re…

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