Document for Voyager Restaurant Group, Inc. vs. Sonora Petroleum, Inc.

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                                       SUPERIOR       COURT      OF  CALIFORNIA,        COUNTY      OF   PLACER



                     Date:  JuneZS*  2020                                      Time:  8:30  AM
                     Judge:  Charles  D.Wachob                                 Dept:  4
                     Reporter:                                                 Clerk:Muy   lee Tal  at
                                                                                                         All    n'a
                  Voyager   Restaurant  Group,  Inc.vs. Sonora  Petroleum;    au)      Way     ney      [W Present          i
                  Inc. (FKA)  etal

                                                                          —  Mohan            Braddrdoresent           hor    A,   itm

                  [_]And  related  Cross Action(s)                             Case #  S-CV-0035599          >1n|h        €    Rosevi    | le
                                                                                         -                                         PeRoleum
                                                               Lew  and   Motion    [YI nts                                        Ke
                                                                                                                              "es

                   Proceedings    RE:  Motion:  Dismiss  -
                                                                    ‘

                   [_] Dropped.               J  Continued   to         (J by  Plaintiff[]  by  Defendant    "”
                                                                                    (_]by  Stipulation  [J by  Court

                        atter argued  and  submitted.
                   [_]Submitted   on  points and  authorities without  C]  argument   |  appearance.
                  (]  Motion/Petition   granted.    [_] Motion/Petition   denied.
                  CJ  Demurrer   [1]sustained   []  overruled   [] without   (] with  leave  to(]  amend    [] answer.
                  [J  Counsel  appointed  for:
                 WEF  taken   under  submission.
                  [_] Debtor  issworn  and  retired with  counsel  for examination.

                  (J  Stipulation to []Judge   Pro Tem   [_]Commissioner    executed  in open  court.
                  (_] Counsel  for       to prepare  the  written order  and submit   ittoopposing   counsel  for approval  as
                     to content and  form.

                  Cc] Other        .

                  (_] The tentative  ruling isadopted   asthe  ruling ofthe court, to wit:

                  Defendants’     Motion   to  Dismiss   Complaint     for Failure  to  Prosecute




                           Ruling   on  Request    for Judicial  Notice




                  Defendants’     request  for judicial   notice  is granted  under   Evidence    Code    section  452.
                                ‘




                                             VN          A
                                              _                                                 meal


                            Ruling   on  Motion




                   The  motion    isgranted.   A  civil action  must   be brought   to  trialwithin   five years   after

                   commencement        of the  action  against  the defendant.    (Code   of Civil  Procedure    section   583.310.)

                   This  five year  period   may   be  extended   under   limited  circumstances,     which   include   agreement

                   between    the parties;  a suspension    of the  trialcourt’s  jurisdiction;   a stay  of the action;  or  bringing

                  the action   isimpossible,    impracticable,    or futile.  (Code   of Civil  Procedure    sections   583.330,

                  583.340.)    The  requirements     here  are mandatory     and  the  action  must  be  dismissed    when   brought

                  to the  court  via a notice  motion    by defendant.     (Code   of Civil  Procedure    section   583.360.



                  The  original  complaint    in this  action  was  filed on  December      10, 2014,   which   means   the  five year

                  period  for  bringing   this action  to trial expired   on December      10, 2019.    Since  the  five year  period

                  has  passed,  the  next  part of  the inquiry   iswhether    the period   was  extended    in some   way.    Trial  in

                  this matter   was  vacated   on  August   28,  2018   when   the parties  agreed   to participate   in binding

                  arbitration.   This  agreement,    however,    did  not include   a stay  of the proceedings     pending

                  arbitration.   There   is also insufficient   evidence   before   the court  showing    any  other  applicable

                  stay  of these  proceedings.     Nor   has there  been   a sufficient  showing    that it was  impossible,

                  impracticable,    or futile for  plaintiff's to bring   the action  to trial within  the  five year  period.   No

                  basis  for tolling  or extending    the five  year  period  has  been  shown.    Therefore,    the action  is

                  subject  to mandatory     dismissal.    The  entire  action  is dismissed.    (Code   of  Civil Procedure     section

                  583.360.)