Vecki v. Sorensen

In Vecki v. Sorensen (1959) 171 Cal.App.2d 390, the court reaffirmed the holding that a jury trial commences with the impanelment of a jury. In Vecki the complaint was filed on December 5, 1950. The jury was impaneled and sworn on December 4, 1952. Thereafter the jury trial was continued from time to time for a period in excess of two years. On June 7, 1957, defendants moved to dismiss the action under section 583. The trial court granted the motion. The appellate court reversed, holding that when the jury was impaneled and sworn on December 4, 1952, the case was "brought to trial" within the meaning of section 583. ( Id. , at p. 393.)