California Court of Appeal

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Stueve v. Buchalter Nemer, 052779

In a civil complaint in which a panel of 75 prospective jurors assembled in a courtroom for jury selection (voir dire) just three days before the fifth anniversary of the filing of a civil complaint, the trial court's grant of defendant's motion for dismissal under the five-year dismissal statute, Code Civ. Proc. section 583.310, et seq., on grounds that the jury had not yet been 'impaneled and sworn.' is reversed where: 1) the jury was 'impaneled' when the panel of prospective jurors assembled in the courtroom for voir dire; 2) the panel was 'sworn' when the prospective jurors took an oath to respond truthfully; and thus 3) the action was, in fact, 'brought to trial' within five years of the filing of the civil complaint.

Appellate Information

  • Decided
  • Published 2017/01/18

Judges

  • MOORE

Court

  • California Court of Appeal

Counsel

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