PRETRIAL ADJUDICATION
...
Dismissal
......
Involuntary: Discretionary
.........Delay in Service/Trial: Motion Reqm’ts
5 Cards On This Topic:
Motion to dismiss for delay in prosecution under Code Civ. Proc. §583.410 et seq.: Format and Requirements
Motion for discretionary dismissal for delay in prosecution [no trial or conditioned settlement] after 2 yrs; procedure for ct’s own motion to dismiss.
Failure to serve opposition may be taken by ct. as admission that motion has merit and ct. may dismiss without hearing on merits.
Factors court considers in exercising discretion to dismiss.
Compliance; conditions; court orders.