Garner v. Shareef
Plaintiff Angelica Garner appeals from a judgment of dismissal after the trial court dismissed her personal injury action for failure to bring it to trial within five years. (Code Civ. Proc., 583.310.)[1] She contends the trial court erred in declining to toll the five-year period (1) for 179 days, while it was impossible to bring the suit to trial within five years because a courtroom was unavailable; and (2) for 239 days, due to the mandatory application of the Servicemembers Civil Relief Act (SCRA) (50 U.S.C. Appen. 521 et seq.) Except for one 34-day trial continuance, which may be regarded as having been granted pursuant to the SCRA, the trial court did not err. Court affirm the judgment.
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