|
p0706 Since none of the issues determined in a consolidated action from which plaintiff's case was severed related to any of the issues to be tried in plaintiff's case, plaintiff's severed case is subject to mandatory dismissal for failure diligently to prosecute unless its trial begins within five years from the time it was commenced.
SAGI PLUMBING v CHARTERED CONSTRUCTION (Five-Year Dismissal) 123 CA4 443 [See: CCP 583.310; Mitchell v Frank Howard Mem Hosp 6 CA4 1396; Lemaire v Cox 171 CA3 297]
|
|