Civil Litigation,
Law Practice,
California Courts of Appeal
May 7, 2019
5 years to trial and death knell orders
Recent rulings are a reminder that California’s “five-year rule” is strict and unforgiving.
Because the vast majority of litigations are resolved through settlements, mediations, and arbitrations, many lawyers have forgotten that cases not brought to trial within five years of their commencement may be subject to dismissal under Section 583.310 of the California Code of Civil Procedure. Practitioners would be wise to keep this statute in mind, as recent appellate decisions have confirmed that the so-called "five-year rule" is strict and unforgiving.
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