Cole v. Hammond
Annotate this CaseDefendants moved for mandatory dismissal of a breach of contract action for failure to bring the case to trial within five years, pursuant to Code of Civil Procedure section 583.360. The Court of Appeal held that the appeal was timely that the trial court erred in denying defendants' motion for mandatory dismissal pursuant to section 583.360, and instead granting plaintiff's motion for voluntary dismissal. In this case, plaintiff failed to provide any viable basis to oppose defendants' motion to dismiss. On remand, defendants may choose to move for attorney fees based on their contention that they are the prevailing parties, pursuant to a clause in their rental agreement.
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