Wilson v. Johnson (Sept. 22, 2026, B329690) __Cal.App.5th__ [2026 WL 2836153]
Plaintiff filed a personal injury action. Code of Civil Procedure sections 583.310 and 583.360 require dismissal if an action is not brought to trial within five years. The parties agreed the last day to bring the action to trial was March 20, 2023.
On March 16, 2023, a panel of prospective jurors assembled in the courtroom, was sworn in, and went through hardship examinations by the court. The judge ordered the remaining jurors to return on March 22, 2023, two days after the statutory deadline. Defendants moved to dismiss the action under section 583.360. The trial court granted the motion, concluding the action was not brought to trial before the deadline.
The Court of Appeal reversed. Agreeing with Stueve v. Nemer (2017) 7 Cal.App.5th 746, the court held that “a jury is impaneled and sworn—thereby bringing the action to trial—’when a panel of prospective jurors assembles in a courtroom for voir dire and is sworn to tell the truth.’ ” (Id., at 750.) The court concluded that hardship examinations are part of the voir dire process and rejected defendants’ argument that an action is not brought to trial until the parties begin voir dire examination of the prospective jurors.
