Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Porreco v. Red Top RV Center

California Court of Appeal
264 Cal. Rptr. 609 (1989)


Thomas and Josephine Porreco (plaintiffs) entered a contract with Red Top RV Center (Red Top) (defendant) to purchase a motor home. The motor home turned out to be defective, and the Porrecos sued Red Top and Citicorp Acceptance Co., Inc. (Citicorp) (defendant) seeking rescission, restitution, and money damages. The lawsuit was filed on April 12, 1983. In January 1988, during a settlement conference, the parties signed a stipulation agreeing to submit the matter to arbitration. The stipulation referenced the Judicial Arbitration Act. The stipulation also agreed to apply the California Rules of Court and the local rules of the Solano County Superior Court. Finally, the stipulation waived the parties’ right to a de novo or an entirely new hearing after the filing of the arbitrator’s award. On April 22, 1988, Citicorp filed a motion to dismiss the court action based on the Porrecos’ failure to bring the case to trial within five years of filing the lawsuit. The trial court granted the motion to dismiss, and the Porrecos appealed.

Rule of Law


Holding and Reasoning (Kline, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 499,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 499,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial