Holland v. Dave Altman's R. V. Center

In Holland v. Dave Altman's R. V. Center (1990) 222 Cal. App. 3d 477, the court addressed the five-year statutory period of Code of Civil Procedure section 583.340. (Holland, supra, 222 Cal. App. 3d at pp. 477, 479.) The Holland case arose out of a car accident; plaintiff filed an action against both the driver and the owner of the car. The driver filed a successful motion to quash service and the plaintiff appealed. The trial court continued the action pending the appeal. (Id. at pp. 479-480.) Following the filing of the appellate opinion affirming the trial court's order, the remaining defendants moved to dismiss the action on the ground that the action had not been brought to trial within five years. (Ibid.) The court held that both subdivisions (b) and (c) of section 583.340 were applicable in the action. (Id. at pp. 481-483.) First, the trial court's order continuing the case pending the appeal, was in effect an order staying the trial for an indefinite period within the meaning of section 583.340, subdivision (b). (Id. at pp. 481-482.) Second, the court determined that it was impracticable, given the risk of duplicative proceedings, to proceed to trial against the other parties while the appeal was pending, thus section 583.340, subdivision (c) was also implicated. (Id. at pp. 481, 483.) The Holland court concluded that the trial court erred in failing to exclude the time that the case was continued from the five-year computation. (Id. at p. 484.)