Opinion
S230899
07-05-2018
JAMESON (BARRY S.) v. DESTA (TADDESE)
D066793 Fourth Appellate District, Div. 1
Opinion filed: Judgment reversed
For the reasons discussed above, the judgment of the Court of Appeal is reversed insofar as it affirmed the trial court judgment in favor of defendant on the basis of the trial court's grant of a nonsuit related to plaintiff's opening statement. As noted above (ante, p. 7), in view of its conclusion regarding the trial court's grant of a nonsuit, the Court of Appeal did not address the validity of the trial court's alternative basis for entering judgment in favor of defendant, namely that plaintiff's action was barred under Code of Civil Procedure section 583.310 for failing to bring the matter to trial within five years. Accordingly, the matter is remanded to the Court of Appeal for resolution of the latter issue.
Majority Opinion by Cantil-Sakauye, C. J.
-- joined by Chin, Corrigan, Liu, Cuéllar, Kruger, and Dondero*, JJ.
* Associate Justice of the Court of Appeal, First Appellate District, Division One, assigned by the Chief Justice pursuant to Article VI, section 6 of the California Constitution.