McGuire v. Lawton CA1/4
Gerald McGuire appeals from a judgment dismissing his wrongful foreclosure action against Bob Lawton, Steven Sellers and Paul Byrer (Lenders) because he failed to bring his case to trial within five years after the action was commenced. (Civ. Proc. Code § 583.310.) McGuire contends the trial court miscalculated the five-year period by refusing to exclude time when he was represented by an attorney who allegedly failed to prosecute his case. According to McGuire, during that period of time, “[b]ringing the action to trial . . . was impossible, impracticable, or futile.” (§ 583.340 subd. (c).) We reject this contention and affirm the judgment.
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