Goers v. Superior Court

In Goers v. Superior Court (1976) 57 Cal.App.3d 72, petitioner was given a trial date within the statutory period, but at the time set for trial there was no courtroom available. The matter was reset for another date which was also within the five-year period, but was trailed for lack of a courtroom and judge. Again the matter was reset, and again it was "trailed" for lack of a courtroom. The parties were then informed no judge or courtroom would be available until after the expiration of the five-year period. Petitioner sought a writ of mandate to compel the trial court to hear the action within the requisite period. In its opinion commanding issuance of a peremptory writ, the court held: " Code of Civil Procedure section 583, subdivision (b), requires that a case be dismissed unless it is brought to trial within five years. Delay may be excused, however, if it has been impossible or impracticable to proceed to trial. The normal time of waiting for a place on the court's calendar is not excluded from computing the five-year period. When, however, a plaintiff has waited the normal time for a place on the calendar and has been assigned such a place well within the five-year period, his inability thereafter to proceed to trial because of continued court congestion should not be chargeable to the five-year period. ' . . . It is monstrous to foreclose a litigant's substantial rights because of the inconvenience incident to providing a courtroom. Fault and delay may be ground for dismissal; but court congestion is no reason to preempt one's day in court when there is a reasonable time to provide it.' " ( Id., at pp. 74-75.)