Marriage of Wha and Kim
Jeong Wha Kim (Mrs. Kim) appeals the trial courts dismissal of her petition for marital dissolution for failure to bring the matter to trial within five years of commencing the action pursuant to Code of Civil Procedure section 583.310. Mrs. Kim contends the statute was tolled under certain statutory provisions because: (1) the trial court reserved jurisdiction over the spousal support issue; (2) the trial court conducted a partial trial; and (3) the marital status issue was bifurcated from the rest of the action through a marital dissolution adjudication in Korea. In addition, Mrs. Kim contends that continued prosecution of the family law case after the five-year period expired acted as a waiver or estoppel of dismissal. Court conclude that the trial had commenced for purposes of Code of Civil Procedure section 583.310 and therefore reverse.
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