[Download] "Baker v. Aubry" by First Appellate District, Division Three Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: Baker v. Aubry
- Author : First Appellate District, Division Three Court of Appeal of California
- Release Date : January 22, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiff in intervention, Allstate Insurance Company (Allstate), appeals following the dismissal of its complaint in intervention for want of prosecution since the action was not brought to trial within the mandatory five-year period. (Code Civ. Proc., §§ 583.310 and 583.360.) We hold that where the complaint in intervention by an insurer claiming property subrogation rights states essentially the same causes of action against the defendants as are stated in the plaintiffs original complaint, the five-year dismissal period runs from the date the original action is commenced and not from the date the complaint in intervention is filed.
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