California Court of Appeal

In plaintiffs' suit for breach of contract, fraud, breach of warranties and negligent repair in the sale of allegedly defective dune buggies, trial court's dismissal of the suit for failure to bring the action to trial within five years is affirmed where the trial court did not abuse its discretion in dismissing plaintiffs' action based on the finding that plaintiffs failed to establish that bringing the action to trial was "impossible, impracticable, or futile." In addition, evidence supports trial court's finding that doctrine of equitable estoppel did not apply in this case.

Appellate Information

• Decided 03/18/2010
• Published 03/19/2010

Judges

Court

• California Court of Appeal

Counsel