PRETRIAL ADJUDICATION
...Dismissal
......Involuntary: Discretionary
.........Delay in Prosecution
8 Cards On This Topic:

Stipulation, trial and disposition on merits preferred over delay in prosecution for failure to proceed with reasonable diligence.

Abuse of discretion to dismiss case for failure to prosecute where plaintiff experienced significant health problems, participated in discovery and filed a statement of readiness one month before trial.

Trial ct. did not abuse discretion in denying defendant's late filed sentencing recall petition under the Three Strikes Reform Act where delay in filing was lengthy and unexplained.

CCP §1775.7 tolling only applies to mediation conducted in a court-annexed alternative dispute resolution program, not to private "non-submitted" mediation; dismissal for failure to prosecute within 5 yrs. was proper.

While trial court has discretionary authority to dismiss for failure to diligently prosecute action stayed on FNC grounds, no abuse of discretion in not doing so where all factors in CRC 3.1342(e) weighed in favor of dismissal.

Impracticability exception for court congestion does not toll 5-yr. limitation period for bringing case to trial where party does not exercise reasonable diligence in prosecuting case.

Court properly dismissed welfare reimbursement case for failure to prosecute w/in 5 yrs after F's parental rights terminated.

Judge should monitor to ensure pro per litigants not inadvertently misled; special care should be used to make sure that verbal instructions given in court and written notices are clear and understandable by a layperson.