39 Cal. App. 2d 247 | Cal. Ct. App. | 1940
The petitioner sued in mandamus to require the dismissal of a proceeding pending in the respondent court. The alternative writ of mandamus was ordered issued upon the allegations of the petition that the complaint was filed on November 21, 1932; that the defendants answered on April 17, 1933; that on July 11, 1939, petitioner moved the respondent court for an order dismissing the action, which motion was denied; and ‘‘that no stipulation in writing was ever given or made, by or between counsel or otherwise, by which the time of trial of said action was extended beyond the five year period following the commencement of said action, and no such extention of time of trial was ever given or made in any way”.
The petition is denied and the alternative writ is discharged.
Sturtevant, J., and Spence, J., concurred.