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.