Randolph v. Trustees of the Cal. State Univ., 2025 WL 3763384 (Cal. Ct. App. 2025)

Teresa Randolph sued her former employer for employment discrimination, whistleblower retaliation and termination of her employment. The trial court dismissed the action based on Randolph’s failure to bring the action to trial within the 5-1/2 year statutory deadline of Cal. Code Civ. Proc. § 583.310 and Judicial Council emergency rule 10. In opposition to the motion to dismiss, Randolph argued that the parties “verbally agreed” to a trial date that was beyond the 5-1/2 year deadline for commencing trial. The trial court ruled that Randolph had an obligation to object to the court setting the trial date beyond the statutory deadline and that the defendant’s failure to object to the trial date was insufficient to establish an “oral stipulation” to commence the trial after the expiration of the statutory period. The Court of Appeal affirmed, declining to “create new law that when a minute order is silent as to any discussion relating to the trial date, a court may infer that a defendant expressly agreed to the new trial date…”