CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Dismissal
10 Cards On This Topic:
  • Actions shall be tried within 5 years of filing.
  • No dismissal of family law petition while support order in effect or status bifurcation has occurred.
  • Court properly dismissed welfare reimbursement case for failure to prosecute w/in 5 yrs after F's parental rights terminated.
  • Court erred in dismissing County's reimbursement action for failing to bring to trial w/in 5 yrs; FC §3601(b) exception to CCP 5-year rule where pendente lite c/s order might be filed applies to welfare reimbursement cases.
  • No dismissal of URESA c/s action despite over 5 year delay where c/s order had been made.
  • Dismissal of reserved issues for failure to prosecute w/in 5 yrs barred by CCP §583.161 as "trial" includes adjudication of marital status, whether contested or uncontested.
  • Contested hearing on bifurcated issues constitutes bringing case to trial for purposes of avoiding dismissal statutes.
  • 5 year statute extended for 6 months after last child reaches 18 when no permanent child support order entered.
  • If dissolution action dismissed pursuant to Code Civ. Proc. §583.310, action may be refiled.
  • Mandatory set aside provisions of Code Civ. Proc. §473 apply only to default judgments caused by attorney negligence, not to dismissals.