Nye v. 20th Century Insurance Co.

225 Cal. App. 3d 1041, 275 Cal. Rptr. 319 (1990)

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Nye v. 20th Century Insurance Co.

California Court of Appeal
225 Cal. App. 3d 1041, 275 Cal. Rptr. 319 (1990)

MP

Facts

Carol A. Nye (plaintiff) was in an automobile accident and sued her insurance company, 20th Century Insurance company (20th Century) (defendant), after it refused to replace her damaged engine. Nye filed her suit on September 12, 1984. Two-and-a-half years later, Nye’s counsel filed an issue memorandum to place the case on the court’s schedule for conference and trial. In the interim, the parties engaged in some discovery that was completed in February 1986. On August 2, 1989, Nye’s counsel called the calendar clerk and learned no status conference had been set and none was likely to be set by September 12, 1989—the fifth anniversary of the lawsuit. Nye’s counsel sought to extend the statutory period, and when that was denied, he filed a motion to specially set the trial date. The trial court set the motion for hearing and allowed 20th Century to move for dismissal, which it did. The trial court denied the motion to specially set and granted the motion to dismiss and did so again after a reconsideration hearing. Nye appealed, arguing that the trial court abused its discretion in granting the motion to dismiss and refusing to set her case for trial before the expiration of the five-year period in § 583.310.

Rule of Law

Issue

Holding and Reasoning (Epstein, J.)

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