California Court of Appeal

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.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• DAVIS, Acting P.J.

Court

• California Court of Appeal

Counsel

• 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.