Hughes v. Lockheed Martin Corp.
Plaintiffs Mark Hughes and other individuals[1]appeal from a judgment of dismissal of their complaints against defendant Lockheed Martin Corporation (Lockheed) on the ground that the five-year statute (Code Civ. Proc.,[2] 583.310) had run. Plaintiffs contend: (1) the trial court should have found that Lockheed was estopped from using the five-year statute as the basis for its motion for dismissal; (2) the trial court should have found that trial within the five-year statutory deadline was impossible, impractical, or futile; (3) with respect to certain plaintiffs who filed their claims later than the others, the trial court should have found that mandatory tolling applied such that the five-year statute did not bar their claims; and (4) the trial court erred in dismissing because the case was subject to a tolling period that ended within six months of the five year deadline ( 583.350). Court find no error, and Court affirm.
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