PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Mandatory
.........Failure to Bring to Trial
 19 Cards On This Topic:
  • Dismissal for failure to bring to trial within prescribed time limits.
  • Dismissal for failure to bring to trial within prescribed time limits.
  • Computing time to bring to trial: Exclusions; Exceptions.
  • Prosecution is stayed for purposes of CCP 583.340(b)'s 5-yr. period only when stay encompasses ••all•• proceedings; remand required as to whether trial ct. abused discretion in not excluding time periods under CCP 583.340(c).
  • Jurisdiction over removed case not retransferred to state court until fed. dist. court clerk mails certified copy of remand order to super. court clerk; period when super. ct. had no jurisdiction excluded re CCP 583.420 dismissal.
  • Because family members' wrongful death and loss of consortium claims did not relate back to deceased father's original asbestos PI claims, those claims should not have been dismissed per CCP §583.360.
  • CCP mandatory dismissal statutes do not cover sexually violent predator civil commitment proceedings.
  • Error to grant motion to dismiss for failure to comply with 5-yr, statute where deadline tolled by mediation.
  • Dismissal for failure to bring two causes of action to trial w/in 5 yrs proper where first trial on unrelated cause of action was not a trial for purposes of remaining two.
  • Dismissal proper for failure to bring to trial in 5 yrs where Ps' counsel mistakenly calculated expiration of statutory period; death of defense counsel and impracticality defense was not issue.
  • Because Comm. transferred matter to Judge for trial, and Judge's tolling of 5-year statute was proper exercise of stipulated jurisdiction, Comm. without jurisdiction to dismiss action for failure to bring within 5 years.
  • Only that time when stay has actually been granted is excluded from time in which case must be brought to trial; coordination petition itself did not toll 5-year SOL.
  • Time during which settlement agreement in effect tolls Code Civ. Proc. §583.310 5-yr period; trying to bring action to trial when all issues resolved through settlement would be futile.
  • 5-yr. period to bring to trial tolled when party in default, or default judgment in effect, under impossibility exclusion—but only if impracticability of service due to causes beyond P’s control.
  • As Ps acted reasonably in deferring trial until writ petition resolved, it was impracticable in liberal meaning of Code Civ. Proc. §583.340 to bring to trial within 5-yr. period.
  • Question of whether 5-yr. statute tolled by exception generally question of law to be resolved after the fact rather than by stay issued by appellate ct. before any contention 5 yrs had run.
  • 5 yr. statute requiring dismissal for failure to prosecute tolled post-arbitration only if P timely notifies ct. of date statute to expire and asks preferential trial- setting before that date.
  • P cannot obtain voluntary dismissal of action after D has obtained involuntary dismissal but before order actually filed.
  • Grant of D’s motion for mandatory dismissal based on failure to bring matter to trial within 5 yrs was determination on merits entitling Ds to attorney fees.


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