(DOWNLOAD) "Wilson V. Sunshine Meat And Liquor Co." by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Wilson V. Sunshine Meat And Liquor Co.
- Author : Supreme Court Of California
- Release Date : January 08, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In Weeks v. Roberts (1968) 68 Cal. 2d 802, 807-808 [69 Cal. Rptr. 305, 442 P.2d 361], we held that where a plaintiff moves to specially set a case for trial in order to avoid dismissal under the five-year rule (Code Civ. Proc., § 583, subd. (b))*fn1 and the "court feels impelled to dismiss an action less than five years after its filing for want of prosecution, it should do so and accept review on that basis. It should not exercise its discretion to dismiss on the basis of inconvenience to the court and in the guise of a refusal to specially set." We went on to chastise the trial judge who had vacated a special trial setting just within the five-year deadline although he "had discretion to dismiss, even on his own motion."