Jordan v. Superstar Sandcars
Law Offices of Derryl W. Crossman, Derryl W. Crossman; Law Office of Schlueter& Schlueter and Jon R. Schlueter for Plaintiffs and Appellants.
uintilone & Associates, Richard E. Quintilone II; Goodman, Sheridan & Roff, Kevin J. Griffith and Dayna C. Carter for Defendants and Respondents.
laintiffs Michael Jordan and Mohammed Baghalzadeh (plaintiffs) appeal from a judgment dismissing their action against defendants Superstar Sandcars, Mark Martin, Ariel Verna, and Frank Yegge (defendants) for failure to bring the action to trial within five years. (Code Civ. Proc., 583.310, 583.360.)[1] Plaintiffs contend the five-year period was tolled during two 6-week periods, during which there was a moratorium on civil trials in the Riverside County Superior Court. Plaintiffs also argue the five-year period was tolled during a de facto moratorium on all but priority cases.
Court conclude the trial court did not abuse its discretion in dismissing the case based on plaintiffs failure to try the case within five years. The judgment of dismissal is affirmed.
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