Abraham v. Neilson
Mark Abraham and Abraham & Associates Insurance Services, Inc., appeal from a judgment of dismissal after the trial court dismissed the action for failure to bring to trial within five years. (Code Civ. Proc., 583.310.) They contend (1) it was impossible to bring the suit to trial within five years because defense counsel was unavailable; (2) defendants are estopped from asserting the five year statute; and (3) the five year period was tolled when defendants were the cause of the delay. Because plaintiffs were not diligent in prosecuting the case, and because the final continuance was due to their lack of diligence, Court reject these contentions and affirm.
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