Estate of Thatcher

McCOMB, J.

From a judgment of dismissal predicated upon the ground that the action had not been brought to trial within five years after the date of the filing thereof, plaintiffs appeal.

Plaintiffs are the sons of A. D. Thatcher who died in 1920. In 1946 a bank account belonging to A. D. Thatcher, and unknown or forgotten by his survivors, was placed in the custody of the Controller of the State of California pursuant to the Abandoned Properties Act (see title 8A of the Code of Civil Procedure, repealed in 1951, and title 10 enacted in lieu thereof).

Chronology

i. May 24,1947, a petition to recover proceeds of escheated property was filed in the Superior Court, County of Sacramento.

ii. June 18, 1947, an answer was filed by respondent.

iii. June, 1947 to March, 1951, appellants, through their attorneys, conducted extended negotiations attempting to settle the claim. At the request of the respondent for further identification of the account, the appellants contacted persons connected with the bank, and who knew the family at the time of A. D. Thatcher’s death. The information obtained was submitted to respondent in affidavit form.

[813]

iv. May 10, 1951, the parties stipulated that the cause be transferred to the county of Los Angeles.

v. July 11, 1951, the cause was transferred to the county of Los Angeles.

vi. July 23, 1951, the cause was set for trial on January 25, 1952.

vii. January 25, 1952, the cause was ordered off calendar subject to being reset after 30 days at request of plaintiffs because of the illness of one of the petitioners.

viii. May 24, 1952, the five-year period from date of filing expired.

ix. July 30, 1952, a stipulation for hearing on October 17, 1952, was agreed to, prepared, and signed by the attorneys for the parties.

x. September 30,1952, the stipulation for hearing was filed.

xi. October 17, 1952, a motion by respondent for dismissal was granted.