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Munoz v. City of Tracy

California Court of Appeals, Third District, San Joaquin

June 30, 2015

ROSA ELENA MUNOZ, a Minor, etc., Plaintiff and Appellant,
v.
CITY OF TRACY, Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Joaquin County No. 39200800198928 CUPOSTK, Linda L. Lofthus, Judge.

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[Copyrighted Material Omitted]

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COUNSEL

Southwest Legal Group, Anthony R. Lopez and Daniel D. Castillo for Plaintiff and Appellant.

Arata, Swingle, Sodhi & Van Edmond, Bradley J. Swingle and Ameet S. Birring for Defendant and Respondent.

OPINION

RENNER, J.

Plaintiff Rosa Elena Munoz appeals from a judgment dismissing her personal injury action against the City of Tracy (City) for failure to bring the action to trial within five years, as required by Code of Civil Procedure section 583.310 et seq. (Code Civ. Proc., § 583.310.)[1] She contends the trial court erred in dismissing her case because the parties had

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executed a written stipulation extending the time for trial to a date certain beyond the five-year deadline. We agree and reverse.

BACKGROUND

On December 3, 2008, Munoz, a minor at the time, filed a complaint for negligence and premises liability against the City. The complaint alleged that Munoz was injured by a falling tree branch while playing at a City park.

On March 8, 2012, the parties participated in nonbinding arbitration. The arbitrator entered an award in favor of the City. On March 19, 2012, Munoz filed a ...


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