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California Civil Procedure, Keyed to Levine, 6th Ed.
Porreco v. Red Top RV Center
Citation:
216 Cal. App. 3d 113, 264 Cal. Rptr. 609 (1989)Facts
Thomas and Josephine Porreco filed a complaint on April 12, 1983, against Red Top RV Center and others seeking rescission and damages for an allegedly defective motor home. The case proceeded through discovery, cross-complaints, and amendments over several years. A trial date was set for January 25, 1988, within the five-year period. At a settlement conference on January 8, 1988, all parties agreed to submit the matter to binding judicial arbitration. The parties signed the stipulation in counterparts between February 17 and April 4, 1988, all before the five-year deadline. However, the trial court did not sign the order until May 3, 1988, after the five-year period expired on April 12, 1988. Defendants then moved to dismiss the action for failure to bring the case to trial within five years.
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