Navarro v. Arriaza
Plaintiffs and appellants Diana Sanchez Navarro, Fernando Torres, Josefina Torres-Martinez, and Maria Aldana (plaintiffs) appeal an order of dismissal of their complaint against defendants and respondents Mark Arriaza, Susan Otero, Eugene John Ruggiero, and Top West End, Inc. (defendants). Plaintiffs action arises from a serious, multi-vehicle automobile accident in which three vehicles collided and plaintiffs sustained severe injuries. Plaintiffs contend the trial court erred in dismissing their complaint and denying their motions to vacate or set aside the dismissal. Plaintiffs argue the trial court did not have authority to dismiss their action under Code of Civil Procedure section 583.420 for delay in prosecution because the action had not been pending for at least two years when it was dismissed. Also, under section 575.2, plaintiffs complaint could not be dismissed due to their attorney failing to attend court proceedings. In addition, plaintiffs argue the trial court erred in denying their section 473 motions based on the six-month limitation period since their motion was timely filed. Court conclude that under section 583.420, subdivision (a)(1)(B) and 575.2, subdivision (b), the trial court did not have authority to dismiss plaintiffs complaint. In light of this determination, Court need not address the trial courts ruling on plaintiffs section 473 motions. The order of dismissal is reversed.
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