Johnson v. City of San Diego
Jimmie William Johnson and his wife filed a petition for a writ of administrative mandamus against the City of San Diego (the City). The Johnsons then failed to take any action on the writ petition for over two years. The court issued an order to show cause (OSC) why the matter should not be dismissed, and ultimately, dismissed the writ petition for lack of prosecution.
Johnson, but not his wife, appeals the order of dismissal, contending the court did not have the authority to dismiss the writ petition, the court failed to consider certain factors in deciding to dismiss the writ petition, and Code of Civil Procedure[1] section 583.310 permits an action to be brought to trial within five years. Because we conclude the court did not abuse its discretion in dismissing the writ petition, we affirm.
Comments on Johnson v. City of San Diego