Berman v. Smith
Filed 4/26/06 Berman v. Smith CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| SPENCER BERMAN et al., Plaintiffs and Appellants, v. BRIAN SMITH, Defendant and Respondent. | B180910 (Los Angeles County Super. Ct. No. SC069912) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Terry B. Friedman, Judge. Reversed.
Law Offices of Robert M. Baskin; and Arthur R. Liberty for Plaintiffs and Appellants.
Silva, Clasen & Raffalow and Yvonne Birch for Defendant and Respondent.
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Plaintiffs Spencer Berman and Lois Grunwald appeal from the judgment dismissing their action against defendant Brian Smith for failure to diligently prosecute. Plaintiffs contend that the trial court abused its discretion in ordering dismissal. We reverse.
BACKGROUND
On December 27, 2001, plaintiffs filed a complaint against Smith, alleging personal injuries arising out of a January 6, 2001 automobile accident. Smith was served on September 8, 2004. Smith then filed a motion to dismiss for failure to diligently prosecute within two years. Smith's moving papers and plaintiffs' opposition include evidence of the following:
On February 20, 2002, plaintiffs' process server signed a â€
