Andersen v. Superior Court

187 Cal. 95 ·

Supreme Court of California · Filed September 16, 1921

Published · citable Cited by 1

Holding

The court held that the mandatory five-year dismissal rule of Code of Civil Procedure section 583 applies without suspension during the period between a plaintiff's death and the substitution of their personal representative, and that a writ of mandate is the proper remedy to compel dismissal when the statutory conditions are unequivocally met.

Cited by (1)

JAMES W. MAJORS, Plaintiff and Appellant, v. COUNTY OF MERCED et al., Defendants and Respondents; CARONELL MAJORS, as Administratrix, etc., Plaintiff and Appellant, v. COUNTY OF MERCED et al., Defendants and Respondents (1962) 207 Cal. App. 2d 427