Tamburina v. Combined Ins. Co. of Am., C051148
Judgment of dismissal for failure to bring action to trial within the five-year statutory period is reversed where plaintiff has cleared two of the three hurdles required to apply the impracticability (tolling) exception to the five-year requirement: (1) he has shown a circumstance of impracticability (lengthy illness) that (2) has a -causal connection- to his failure to move the case to trial; and the trial court has yet to determine whether plaintiff has cleared the third hurdle of diligence.
- Decided 01/31/2007
- Published 01/31/2007
- California Court of Appeal
- For Appellant:
- Wilcoxen, Callahan, Montgomery & Deacon, Gary Callahan, E. S. Deacon, Sacramento; Haley & Bilheimer, Allan S. Haley, John Bilheimer, Nevada City; Montague & Viglione and John D. Montague, Sacramento, for Plaintiff and Appellant.
- For Appellees:
- DLA Piper RudnickGray Cary, Margaret L. Parker, Rodney Sorensen, Kari S. Gregory and Jean M. Hobler, Sacramento, for Defendant and Respondent.