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| Case Name | De Santiago v. D and G Plumbing, Inc. | |
|---|---|---|
| Date | 09/19/2007 | |
| Note | Where there is a possibility that the case could have been brought to trial before the expiration of the five-year mark, despite continuances, the continuances themselves do not result in impracticability. The court must look at whether the moving party exercised due diligence in getting its case in front of a judge. | |
| Citation | 155 Cal. App. 4th 365; 65 Cal. Rptr. 3d 882 | |
| WCC Citation | WCC 32562007 CA |
Lee, Bazzo, & Nishi, Ted M. Lee and Allison M. Hunt for Defendant and Respondent D and G Plumbing. Facts Plaintiff Joaquin De Santiago suffered a work-related injury when a coemployee, defendant Daniel Flores, discharged a nail gun and struck De Santiago in his left eye. On February 2, 2001, De Santiago filed a personal injury complaint against Flores and his employer, D and G Plumbing (D&G). The register of actions states that on August 8, 2005, the trial court vacated the August 8, 2005, trial date. The trial court replied: "You're not going to see a date until July of next year at the best. "
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