Sample Motion for Mandatory Dismissal for Delay in Prosecution in California
This sample motion for mandatory dismissal for delay in prosecution in California is made on the grounds that (1) the summons and complaint were not served within three years from the date of filing, or a proof of service was not filed within 60 days from the expiration of the three year period pursuant to Code of Civil Procedure section 583.210, (2) the action was not brought to trial within 5 years from the date of filing pursuant to Code of Civil Procedure section 583.310, and (3) the action was not brought to retrial within 3 years from the date of mistrial, granting of new trial or reversal on appeal pursuant to Code of Civil Procedure section 583.320. The sample is 11 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.