Defendants D&T Global Communications, Inc., Tuu Thi Ho and Dale Lynn Morton’s Motion to Dismiss Action for Failure to Bring Action to Trial Within 5 Years is denied. Judicial Council Emergency Order 10 extended the five-year deadline to bring a case to trial contained in CCP §583.360 by an additional 6 months.
That rule is not invalid, as defendants contend. The rule simply labels COVID-19 as a reason under CCP §583.340 to conclude that bringing any action to trial for a six-month period during the pandemic was impossible, impracticable, or futile. Since this case was filed on February 26, 2016, the five-year mandatory dismissal statute doesn’t apply until August 26, 2021.
The hearing on defendants D&T Global Communications, Inc., Tuu Thi Ho and Dale Lynn Morton’s Motion to Dismiss Action for Failure to Diligently Prosecute is continued to July 16, 2021 at 10:00 a.m. Plaintiffs failed to timely file their opposition, which was due 15 days after service of the motion pursuant to CRC Rul