A. Todd Hindin v. State Farm Mutual Automobile Ins. Co.
On May 11, 1998 A. Todd Hindin, Hindin’s professional corporation, David Greenberg, Greenberg’s professional corporations and Joginder Shah (collectively the Hindin parties) sued State Farm Mutual Automobile Insurance Company (State Farm), several State Farm senior executives and its in-house and outside counsel for malicious prosecution. In mid-2004 we reversed the trial court’s order granting summary judgment and entering judgment in favor of State Farm and remanded the matter for further proceedings. (Hindin v. Rust (2004) 118 Cal.App.4th 1247.)[1] More than seven and one-half years later, on April 11, 2012, the trial court granted State Farm’s motion to dismiss for delay in prosecution pursuant to Code of Civil Procedure section 583.320, subdivision (a)(3),[2] which establishes a mandatory three-year period for bringing a case to trial following an order on appeal granting a new trial. The Hindin parties contend they have diligently prosecuted the action and three years had not yet elapsed when the court dismissed the case against State Farm if one excludes the time during which the action was stayed or it was “impossible, impracticable, or futile†to bring it to trial, as provided in section 583.340, subdivisions (b) and (c). We affirm.
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