Warner Bros. Entertainment Inc. v. Superior Court
On March 26, 2018, the trial court in this putative class action filed on January 29, 2013, denied defendant’s motion to dismiss for failure to bring the action to trial within five years (Code Civ. Proc., §§ 583.310 & 583.360). The court then granted plaintiffs’ motion for trial preference, setting the case for trial “immediately” (on April 10, 2018). This was six days before the five-year period was to expire, calculated to include a disputed 43-day tolling period the court found applicable under section 583.340, subdivision (b) (hereafter, section 583.340(b)) (excluding from the calculation time during which “[p]rosecution or trial of the action was stayed or enjoined”).
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