KARUBIAN V. SECURITY PACIFIC NATIONAL BANK
152 Cal. App. 3d 134 (1984)
NATURE OF THE CASE: Karubian (Ps) appealed the dismissal of their negligence action
against Bank (D) because they failed to bring the matter to trial within five years after
the filing of the complaint, as required by Cal. Civ. Proc. Code 583(b).
FACTS: Ps sued Ds for negligent damage to real property. Civil cases were required to be
brought to trial within five years of filing. The complaint in this action was filed
September 24, 1975. Ps' then counsel filed an 'at-issue memorandum' on December 31, 1976. On
February 18, 1977, another law firm was substituted as counsel, which firm itself was, on
March 2, 1977, substituted for by yet another attorney. On April 26, 1979, some 18 months
prior to the running of the 5-year period, the clerk issued a 'notice of eligibility' to
file a certificate of readiness. A second such notice was issued June 25, 1979. They were
mailed to the initial attorney of record. That attorney failed to forward the notice to
either Ps or their counsel. He called the clerk's office and simply indicated to 'someone'
that he was no longer attorney of record. When no certificate of readiness was filed, the
case was removed from the 'civil active list.' It remained in that status until the hearing
on Ps' motion to specially set the matter for trial. That status was not discovered by Ps'
attorney until shortly after the denial of the motion. The court dismissed the case and Ps
appealed claiming the failure of the clerk to properly notice was at fault.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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