Code of Civil Procedure section 583.310, requires that an action be dismissed unless it is brought to trial within five years from being filed. The statute exempts periods during which the action is stayed from the five year period. But the California Supreme Court held in Bruns v. E-Commerce Exchange, Inc. (Cal.Supr.Ct.; February 28, 2011) 51 Cal.4th 717, [248 P.3d 1185; 122 Cal.Rptr.3d 331], that a partial stay, such as a stay on discovery, does not toll the statute.
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