Rel
Rel v. Pac. Bell Mobile Servs.
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…