Litigation
Mar. 9, 2016
For whom the 'stay' tolls
Should the time spent to pursue mediation, pursuant to a trial court order that stayed the case, toll the five-year statute within which to bring the case to trial? By Steven Kruis
Steven H. Kruis
ADR Services, Inc.Email: skruis@adrservices.org
Steven has been a full-time mediator since 2002, and mediated well over 2,000 matters throughout Southern California. He is with the San Diego Office of ADR Services.
Should the time spent to pursue mediation, pursuant to a trial court order that "struck" the trial date and "stayed" the case so that the parties could engage in mediation and respond to outstanding discovery, toll the five-year statute within which to bring the case to trial? After all, Code of Civil Procedure Section 583.340(b) excludes the time that "[p]rosecution or trial of the action was stayed or enjoined." Apparently not...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In