Supreme Court of California

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Gaines v. Fidelity National Title Ins., 215990

In a lawsuit arising out of a real property transaction designed to avoid foreclosure, alleging the defendants involved in the transaction deceived plaintiffs into selling their home under threat of foreclosure, the dismissal of the suit for failure to comply with Code of Civil Procedure section 583.310, which requires that an action be brought to trial within five years after the action is commenced against the defendant, is affirmed where: 1) the trial court was within its discretion to find that the conduct of mediation and partial stay of proceedings were not so exceptional, extenuated, or beyond plaintiff's control as to qualify as a circumstance of impossibility, impracticability, or futility under section 583.340(c); and thus 2) the case was properly dismissed under the mandatory provisions of section 583.360.

Appellate Information

  • Decided
  • Published 2016/02/25




  • Supreme Court of California