Sample Motion for Discretionary Dismissal for Delay in Prosecution in California

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This sample motion for discretionary dismissal for delay in prosecution in California is made on the grounds that (1) plaintiff has failed to serve the summons and complaint within 2 years after the action is commenced against the defendant pursuant to Code of Civil Procedure section 583.410(a)(1), (2) plaintiff has failed to bring the action to trial within 3 years after the action is commenced against the defendant pursuant to Code of Civil Procedure section 583.420(a)(2) and (3) plaintiff has failed to bring the action to retrial within 2 years after a mistrial, order granting retrial or reversal on appeal pursuant to Code of Civil Procedure section 583.420(a)(3).  The sample is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995.  Note that the author is NOT an attorney and no guarantee or warranty is provided.