SLPR, LLC v. Christian Wheeler Engineering CA4/1
The trial court dismissed this action for failure to comply with Code of Civil Procedure section 583.310, which requires that an action "be brought to trial within five years after the action is commenced against the defendant" (at times, section 583.310 deadline).
On appeal, plaintiff SLPR, LLC (Plaintiff) contends that the court erred "as a matter of law" on the following five grounds: (1) The court failed to consider the conduct of defendants Christian Wheeler Engineering (CWE), Charles H. Christian, and Michael B. Wheeler (together Defendants) which, according to Plaintiff, established either that Defendants waived application of section 583.310 or that Defendants were estopped to apply section 583.310; (2) the court failed to apply section 583.350, which provides for a six-month extension of section 583.310's five-year deadline under certain circumstances; (3) the court ruled that, had Plaintiff brought to the court's attention the section 583.310 dead
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