What is the legal test for extending the time of trial in an action brought by a plaintiff who was awarded $1.5m in damages under the California Small Business Act?
California, United States of America
The following excerpt is from Smith v. El Centro Lodge No. 1325, Benev. and Protective Order of Elks of U.S., 271 Cal.App.2d 713, 76 Cal.Rptr. 629 (Cal. App. 1969):
The action was commenced July 6, 1962 and the five year period expired July 6, 1967. There was no stipulation extending the time of the trial. Unless Smith can bring his case within one of the exceptions in the statute or the implied exceptions recognized by the decisions, dismissal of his action was mandatory. (Adams v. Superior Court, 52 Cal.2d 867, 870, 345 P.2d 466.)
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