Zack's Inc. v. City of Sausalito CA1/2

INTRODUCTION

Plaintiff Zack‘s Inc. (Zack‘s) appeals from a judgment dismissing its lawsuit against defendant City of Sausalito (City) for failure to bring its action to trial within the mandatory time periods set forth in Code of Civil Procedure sections 583.310, 583.320, subdivision (a)(3) and 583.360. 1 Zack‘s contends the trial court erroneously applied

1 All statutory references are to the Code of Civil Procedure section, unless otherwise indicated. Section 583.310 provides: ―An action shall be brought to trial within five years after the action is commenced against the defendant.‖ Section 583.320 provides in relevant part: ―(a) If a new trial is granted in the action the action shall again be brought to trial within the following times: . . . [¶] (3) If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within three years after the remittitur is filed by the clerk of the trial court. ―(b) Nothing in this section requires that an action again be brought to trial before expiration of the time prescribed in Section 583.310.

1 these dismissal statutes. The crux of Zack‘s claim on appeal is that the court was…