PRETRIAL ADJUDICATION
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Dismissal
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Involuntary: Discretionary
.........Delay in Service/Trial: Grounds
5 Cards On This Topic:
Discretionary dismissal for delay by failing to serve D within 2 yrs.
Discretionary dismissal for delay by failing to bring to trial within 2 yrs.
Dismissal for delay in failing to bring to retrial within 2 yrs after mistrial, order granting new trial or entry of remittitur after reversal on appeal.
Trial court may not dismiss case for lack of service under CCP 583.410 (a) where service delayed for only two months, not the requisite two years.
Delay in service because of pending workers’ compensation claim unjustified.