Zack’s Inc. v. City of Sausalito
Plaintiff Zack’s Inc. (Zack’s) appeals from a judgment dismissing its lawsuit against defendant City of Sausalito (City) for failure to bring its action to trial within the mandatory time periods set forth in Code of Civil Procedure sections 583.310, 583.320, subdivision (a)(3) and 583.360. [1] Zack’s contends the trial court erroneously applied these dismissal statutes. The crux of Zack’s claim on appeal is that the court was required to find the statutes tolled under section 583.340, subdivision (c), for periods during which various summary judgment or summary judgment/summary adjudication motions were pending as time during which it was “impossible, impracticable or futile†to bring the action to trial.[2] We shall conclude Zack’s forfeited its right to make this claim on appeal by failing to make it to the trial court. We shall affirm the judgment of dismissal.
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