PRETRIAL ADJUDICATION
...Dismissal
......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.