Thereafter, Judge Richard Bartalini, to whom the case was assigned for trial, dismissed the action, on motion of the defendants, for failure to bring it to trial within five years.
The court stated, "[D] efendants were, in effect, asking Judge Bartalini
to focus on the particular facts of the case and, in light of those facts, to rethink Judge McCullum's order and to see whether he
agreed with it.
No statutory authority exists for such a request, and Judge Bartalini
erred in granting it. [Citations.] General order 3.30 could 'not be set aside simply because "the court concludes differently than it has upon its first decision.
' [Citations.]" (Greene v. State Farm Fire & Casualty Co., supra, 224 Cal.App.3d at p. 1589.)