Briley v. Sukoff

In Briley v. Sukoff (1979) 98 Cal.App.3d 405, defendants succeeded in setting aside a default judgment obtained against them by Briley. Thereafter defendants' motion to dismiss Briley's action was granted because Briley had not brought his action to trial within five years as heretofore interpreted as required by section 583, subdivision (c). The Briley court announcing a new interpretation of section 583, subdivision (c) reversed the order of dismissal on the ground that the default judgment was the result of a trial as defined by section 594 and that the order vacating the default judgment was equivalent to an order granting a new trial as that phrase is used in section 583, subdivision (c). As a consequence the Briley court held that Briley had three years from the date of entry of the new trial order to bring his action to trial.