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
Hearing Date
June 11, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
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