(DOWNLOAD) "Landry V. Berryessa Union School Dist." by Sixth Appellate District Court of Appeal of California " eBook PDF Kindle ePub Free

eBook details
- Title: Landry V. Berryessa Union School Dist.
- Author : Sixth Appellate District Court of Appeal of California
- Release Date : January 25, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In this action for assault and battery and negligence, the trial court denied the minor plaintiffs' request for trial preference (Code Civ. Proc., § 36, subd. (b)) and granted defendant school district's motion to dismiss for delay in prosecution. (Code Civ. Proc., § 583.410, 583.420.)*fn1 Plaintiffs appeal, contending their statutory entitlement to trial preference overrides the court's discretion to dismiss the action for delay in prosecution. Alternatively, they argue the court abused its discretion in dismissing their case and in denying their motion for reconsideration. Finally, they claim the five-year dismissal statute was tolled by the court's referral of the matter to arbitration. We find no error and affirm the judgment of dismissal.