California Appeal Panel: Death Knell Order Is Not ‘Trial’ For Dismissal Statute

(April 3, 2019, 2:10 PM EDT) -- SAN FRANCISCO — A death knell order dismissing class claims is not a “trial” for the purposes of the five-year dismissal statute established in California Code of Civil Procedure Section 583.310, and an appellate decision reversing a death knell order does not trigger the three-year extension under Section 583.320, subdivision (a)(3), a California appellate panel ruled March 29 in a case alleging violations of California’s unfair competition law (UCL), noting that both matters were issues of first impression (Angela Rel, et al. v. Pacific Bell Mobile Services, et al., No. A152225, Calif. App., 1st Dist., Div. 5, 2019 Cal. App. LEXIS 290)....