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Sample motion for discretionary dismissal for delay in prosecution in California.

Sample Motion for Discretionary Dismissal for Delay in Prosecution in California

$25.99 Sale

Sample Motion for Discretionary Dismissal for Delay in Prosecution in California.

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 has been revised and updated in 2019, is 10 pages and includes,

  • Brief instructions,
  • 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 retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.