MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 119 AVOIDING DISMISSAL UNDER THE FIVE-YEAR RULE The five-year rule, tolling, stay orders, stipulations and certainty/uncertainty are the core subjects of Gaines v. Fidelity National Title Insurance Co. (February 25, 2016; Cal. Supreme Ct.) S215990; 2016 DJDAR 1909. Contrary to the legal headlines, mediation plays only a small part in the discussion. Essentially, Gaines is a primer on the necessary steps to prevent the running of the five-year trial…