California Court of Appeal

Notwithstanding the rule that actions must be brought to trial within five years of filing (Civil Code sections 583.310, 583.360), Family Code section 3601(b) is interpreted as providing that pendente lite child support orders continue in effect until terminated by the court or by operation of law, and all actions in which a pendente lite support order might be filed are excepted from the five-year rule; therefore, dismissal of welfare reimbursement family support proceeding in which pendente lite order existed was improper even though five years had passed without trial.

Appellate Information

• Decided 04/18/2002
• Published 04/18/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Bill Lockyer, Attorney General, Sacramento, Charlton G. Holland, III, Assistant Attorney General, San Francisco, Frank S. Furtek, Sacramento and Mary Dahlberg, Deputy Attorneys General, for Plaintiff and Appellant.


• For Appellees:
  
• No appearance for Defendant and Respondent.