Case Summary

p1610 Pursuant to Code of Civil Procedure § § 583.310 and 583.360, the trial court properly dismissed the plaintiffs' causes of action for failure to bring their suit to trial within five years. Court congestion and brief moratoriums on civil actions did not make it “impossible, impracticable, or futile” to bring the suit to trial, and defendants were not estopped from relying on Code of Civil Procedure § 583.310 due to their counsel's unavailability until after the termination of the five year deadline.

JORDAN v SUPERSTAR SANDCARS (Failure to Prosecute) 182 CA4 1416 [See CCP §583.310, § 583.330, §583.340, §583.360; Moss v Stockdale, 47 CA4 494, T/AT 08/1996]