Bruns v. E-Commerce Exchange, Inc.

51 Cal. 4th 717, 122 Cal. Rptr. 3d 331, 248 P.3d 1185 (2011)

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Bruns v. E-Commerce Exchange, Inc.

California Supreme Court
51 Cal. 4th 717, 122 Cal. Rptr. 3d 331, 248 P.3d 1185 (2011)

JL

Facts

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

Issue

Holding and Reasoning (Chin, J.)

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