Dec 20, 2006
Five-year dismissal of case reversed because it was impracticable to bring the case to trial

Gordon v. Maslan (2006) Cal.App.Unpub. LEXIS 11452 (California Court of Appeal, Second District, Division Three (Los Angeles)) [unpublished]. Marc Poster convinced the Court of Appeal that it was improper for the trial court to dismiss GMSR’s client’s complaint for failure to bring to trial within five years. The court ruled that the impracticability exception to the five year statute applied, since the key defendant in the case refused to participate in discovery or testify while criminal proceedings, arising from the same facts as this case, were pending against him. As a result, there was sufficient tolling to nullify the five year dismissal.