Calif. Court Reverses Dismissal of Asbestos Action for Lack of Prosecution

VENTURA, Calif. -- A California appellate court has opined that while a trial court was correct in refusing to lift a stay on an action the defendants claim would be better suited in Canada, the dismissal of the case outright was improper. Campbell v. American Standard Inc., et al., No. B209923 (Calif. 2nd App. Dist., Div. 4).

In an Aug. 25 ruling, the California Second Appellate District said that because the case had not been pending for two years, dismissal for lack of prosecution was erroneous.

The underlying action was filed by Forbes M. Campbell on January 31, 2007. …