MURPHY v. MURPHY (1936)

This is an appeal by plaintiff from an order of the superior court dismissing an action under section 583 of the Code of Civil Procedure because not brought to trial within five years after filing thereof. The action was filed October 29, 1929. The notice of motion to dismiss was given December 27, 1934, and the order of dismissal entered January 3, 1935. Plaintiff contends that the amendment of August, 1933 (St.1933, p. 853), to section 583, making the five-year period run from the filing of the action instead of from the filing of the answer, is invalid where retroactively applied to her action. This matter has been fully considered by this court in other decisions, and in view of the fact that plaintiff had a period of over fifteen months from the date of the amendment to bring the action to trial, there was no violation of her rights in applying the amended statute to her suit. See Rosefield Packing Co. v. Superior Court (Cal.Sup.) 47 P.(2d) 716.

The order is affirmed.

PER CURIAM.