To Stop the Clock, It Better Be a Full Stay

Gaines v. Fidelity Nat’l Ins. Co., No. S215990 (Cal. Feb. 25, 2016)

This is the Supreme Court’s review of the Gaines case I wrote about back in the tail-end of 2013. The interesting and fundamental point about the nature of the abuse of discretion standard raised by Justice Rubin’s dissent gets shrugged away in footnote 8. But distilled, the issue comes down to the circumstances when Code of Civil Procedure § 583.310’s rule requiring dismissal of any case not brought to trial within five years should be tolled.

A Few Choice Words on the Standard of Review

Gaines v. Fidelity National Title Insurance Company, No. B244961 (D2d8 Dec. 12, 2013)

A divided panel upholds a trial court’s dismissal of most of the defendants in an action for failing to bring the case to trial within five years, but reverses as to one defendant who was added later in the case.