California Court of Appeal

In a wage-and-hour class action and individual complaint against trucking company employers, the trial court's dismissal for failure to prosecute within the five-year period provided by Code of Civil Procedure section 583.310, is affirmed over plaintiff's claim that the parties' participation in private mediation during the final months of the five-year period triggered section 1775.7(b), which contains an automatic tolling provision, where: 1) section 1775.7 only applies to mediation conducted in a court-annexed alternative dispute resolution program; and 2) plaintiff did not show it was impossible, impracticable or futile to bring his case to trial within five years.

Appellate Information

• Published 2016/01/14

Judges

• LAVIN

Court

• California Court of Appeal

Counsel