Haney v. Aguirre CA5
Plaintiff appeals from the dismissal of his action, entered after the trial court granted defendants’ motion to dismiss for failure to bring the action to trial within five years. The trial court excluded from its calculation of the five-year period the time during which prosecution of the action was stayed by its order. It concluded, however, that plaintiff had not established any further period of time should be excluded on the ground bringing the action to trial was impossible, impracticable or futile at that time. We conclude the trial court did not abuse its discretion in granting the motion. Accordingly, we affirm the judgment of dismissal.
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