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Bruns v. E-Commerce Exchange, Inc.

California Supreme Court
248 P.3d 1185 (2011)


In early 2002, Dana Bruns (plaintiff) sued several defendants, including E-Commerce Exchange, Inc. (E-Commerce) (defendant), for violating the Telephone Consumer Protection Act. During the litigation, the trial court issued orders temporarily staying the entire litigation as well as orders temporarily staying only some parts of the litigation, like discovery. In 2006, E-Commerce moved to dismiss the action under California Code of Civil Procedure § 583.340, which requires a plaintiff to bring a case to trial within five years of filing the action. The trial court granted the motion to dismiss. The Court of Appeal reversed, holding that time periods in which only some proceedings were stayed should be excluded from the calculation of the five-year period. If those time periods were excluded, then five years had not elapsed yet. The California Supreme Court granted review.

Rule of Law


Holding and Reasoning (Chin, J.)

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