What is the test for appeal from an order of dismissal entered after the trial court granted a motion to dismiss?

California, United States of America


The following excerpt is from Carpenters So. Cal. Administrative Corp. v. Surety Co., 145 Cal.App.3d 245, 193 Cal.Rptr. 308 (Cal. App. 1983):

Plaintiff appeals from an order of dismissal entered after the trial court granted respondent defendant's motion to dismiss under Code of Civil Procedure section 583, subdivision (b). The question posed is whether appellant's failure to bring the case to trial after electing to arbitrate was occasioned by impracticability or impossibility under Brown v. Engstrom (1979) 89 Cal.App.3d 513, 152 Cal.Rptr. 628. We answer in the affirmative and reverse.

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