CALIFORNIA FAMILY LAW
...
Procedure Before Trial/Hearing
......Dismissal
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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.