Goers v. Superior Court
| Court | California Court of Appeals |
| Writing for the Court | ASHBY; KAUS, P.J., and STEPHENS |
| Citation | 129 Cal.Rptr. 29,57 Cal.App.3d 72 |
| Parties | Ralph W. GOERS dba Ralph W. Goers & Associates, Petitioner, v. SUPERIOR COURT of the State of California FOR the COUNTY OF VENTURA, Respondent; PORTLAND CEMENT ASSOCIATION, Real Party in Interest. Civ. 47557. |
| Decision Date | 05 April 1976 |
Page 29
v.
SUPERIOR COURT of the State of California FOR the COUNTY OF VENTURA, Respondent;
PORTLAND CEMENT ASSOCIATION, Real Party in Interest.
Hearing Denied June 2, 1976.
[57 Cal.App.3d 73] Jones & Wilson and George W. Coleman, Los Angeles, for petitioner.
No appearance for respondent.
Musick, Peeler & Garrett and James B. Bertero, Los Angeles, for real party in interest.
ASHBY, Associate Justice.
Petitioner is the cross-complainant in a civil suit now pending against the real party
Page 30
in interest. 1 The cross-complaint was filed November 23, 1970. Trial was originally set for August 14, 1972. It was continued to October 2, 1972, at the request of the real party, and then [57 Cal.App.3d 74] reset for October 16, 1972, upon stipulation of counsel. On October 6, 1972, on motion of real party, the at-issue memorandum was vacated and respondent court ordered that trial be reset not less than 90 days after the filing of a new at-issue memorandum. On February 14, 1975, in a notice of motion to restore the matter to the civil active list, petitioner declared that the matter was at issue. The motion was heard March 7, 1975, at which time respondent scheduled a mandatory settlement conference for August 4, 1975, and set trial for September 8, 1975.On the latter date the parties appeared for trial, but no trial courts being available, respondent, on its own motion, reset trial for November 24, 1975, with priority. Respective counsel waived the five-year statute (Code Civ.Proc., § 583, subd. (b)) until the close of business on November 28, 1975, but no longer. On November 24, 1975, the matter was trailed for lack of a judge or courtroom. On November 26, 1975, the matter was again trailed for lack of a judge or courtroom. The parties were informed that no judge or courtroom was likely to be available on November 28 either. 2
Petitioner filed his petition on November 26, 1975, seeking a writ of mandate ordering respondent to commence trial within the statutory (Code Civ.Proc., § 583, subd. (b)) time period; or alternatively, a writ of prohibition restraining respondent from dismissing the cause of action pursuant to Code of Civil Procedure section 583, subdivision (b). This court stayed all proceedings relating to dismissal of the cause of action and issued an...
To continue reading
Request your trial
-
Monzon v. Schaefer Ambulance Service, Inc., No. B038575
...with the policy favoring trial on the merits. (Id. at p. 1532, 255 Cal.Rptr. 781.) Page 620 Citing to Goers v. Superior Court (1976) 57 Cal.App.3d 72, 129 Cal.Rptr. 29, appellant concedes that court congestion is one of the conditions that can be used to avoid mandatory dismissal, but conte......
-
Hartman v. Santamarina
...have excused such delay. (Weeks v. Roberts (1968) 68 Cal.2d 802, 807, 69 Cal.Rptr. 305, 442 P.2d 361; Goers v. Superior Court (1976) 57 Cal.App.3d 72, 129 Cal.Rptr. 29.) Also, the right granted a litigant under section 170.6 has been held to suspend the five-year period. (Nail v. Osterholm ......
-
Ward v. Levin
...to trial because of continued court congestion should not be chargeable to the five-year period." (Goers v. Superior Court (1976) 57 Cal.App.3d 72, 74-75, 129 Cal.Rptr. 29; see also Bennett v. Bennett Cement Contractors, Inc. (1981) 125 Cal.App.3d 673, 676-677, 178 Cal.Rptr. 633.) Plaintiff......
-
Davalos v. County of Los Angeles
...that a case be dismissed unless it is brought to trial within five years of the filing of an action. (Goers v. Superior Court (1976) 57 Cal.App.3d 72, 74, 129 Cal.Rptr. 29.) Dismissal is mandatory unless either a statutory or implied exception is met. (White v. Renck (1980) 108 Cal.App.3d 8......
-
Monzon v. Schaefer Ambulance Service, Inc., No. B038575
...with the policy favoring trial on the merits. (Id. at p. 1532, 255 Cal.Rptr. 781.) Page 620 Citing to Goers v. Superior Court (1976) 57 Cal.App.3d 72, 129 Cal.Rptr. 29, appellant concedes that court congestion is one of the conditions that can be used to avoid mandatory dismissal, but conte......
-
Hartman v. Santamarina
...have excused such delay. (Weeks v. Roberts (1968) 68 Cal.2d 802, 807, 69 Cal.Rptr. 305, 442 P.2d 361; Goers v. Superior Court (1976) 57 Cal.App.3d 72, 129 Cal.Rptr. 29.) Also, the right granted a litigant under section 170.6 has been held to suspend the five-year period. (Nail v. Osterholm ......
-
Ward v. Levin
...to trial because of continued court congestion should not be chargeable to the five-year period." (Goers v. Superior Court (1976) 57 Cal.App.3d 72, 74-75, 129 Cal.Rptr. 29; see also Bennett v. Bennett Cement Contractors, Inc. (1981) 125 Cal.App.3d 673, 676-677, 178 Cal.Rptr. 633.) Plaintiff......
-
Davalos v. County of Los Angeles
...that a case be dismissed unless it is brought to trial within five years of the filing of an action. (Goers v. Superior Court (1976) 57 Cal.App.3d 72, 74, 129 Cal.Rptr. 29.) Dismissal is mandatory unless either a statutory or implied exception is met. (White v. Renck (1980) 108 Cal.App.3d 8......