TAMBURINA v. COMBINED INSURANCE COMPANY OF
Filed
CERTIFIED FOR PUBLICATION
COPY
IN THE COURT OF APPEAL OF THE STATE OF
THIRD APPELLATE DISTRICT
(Sacramento)
J. JAY TAMBURINA, Plaintiff and Appellant, v. COMBINED INSURANCE COMPANY OF AMERICA et al., Defendants and Respondents. | C051148 (Super. Ct. No. 99AS06622) |
APPEAL from a judgment of the Superior Court of Sacramento County, Thomas M. Cecil, Judge. Reversed with directions.
Wilcoxen, Callahan, Montgomery & Deacon, Gary Callahan, E.S. Deacon; Haley & Bilheimer, Allan S. Haley, John Bilheimer; Montague & Viglione and John D. Montague for Plaintiff and Appellant.
DLA Piper Rudnick Gray Cary, Margaret L. Parker, Rodney Sorensen, Kari S. Gregory and Jean M. Hobler for Defendant and Respondent.
Plaintiff J. Jay Tamburina (Tamburina) appeals from a judgment of dismissal for failing to bring his action to trial within the five-year statutory period. (Code Civ. Proc., §§ 583.310, 583.360.)[1]
We disagree with the trial court and conclude that Tamburina 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 â€