Dismissal for Delay in ProsecutionDefinitions and General Provisions

Section § 583.110

Explanation

This part of the law explains the terms used in this chapter. It clarifies that "action" refers to any legal action started by a cross-complaint or other legal pleading. A "complaint" includes any initial legal document, such as a cross-complaint. The "court" is the one handling the case, while "defendant" refers to anyone who has an action, like a lawsuit, started against them. "Plaintiff" is the person who starts the action. "Service" covers the formal process of delivering legal documents, including the return of a summons.

As used in this chapter, unless the provision or context otherwise requires:
(a)CA Civil Procedure Code § 583.110(a) “Action” includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief.
(b)CA Civil Procedure Code § 583.110(b) “Complaint” includes a cross-complaint or other initial pleading.
(c)CA Civil Procedure Code § 583.110(c) “Court” means the court in which the action is pending.
(d)CA Civil Procedure Code § 583.110(d) “Defendant” includes a cross-defendant or other person against whom an action is commenced.
(e)CA Civil Procedure Code § 583.110(e) “Plaintiff” includes a cross-complainant or other person by whom an action is commenced.
(f)CA Civil Procedure Code § 583.110(f) “Service” includes return of summons.
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Section § 583.120

Explanation

This law explains that certain rules apply to regular civil court cases but not to special types of court proceedings unless those proceedings specifically say they follow these rules. However, a court can choose to apply these rules to special proceedings if it decides it doesn't conflict with the procedure or purpose of the special proceeding.

(a)CA Civil Procedure Code § 583.120(a) This chapter applies to a civil action and does not apply to a special proceeding except to the extent incorporated by reference in the special proceeding.
(b)CA Civil Procedure Code § 583.120(b) Notwithstanding subdivision (a), the court may, by rule or otherwise under inherent authority of the court, apply this chapter to a special proceeding or part of a special proceeding except to the extent such application would be inconsistent with the character of the special proceeding or the statute governing the special proceeding.
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Section § 583.130

Explanation

This section emphasizes that the state of California encourages plaintiffs to move their cases along promptly, but also expects all parties involved to work together to bring the case to trial or resolve it in some way. While there's a general preference for moving forward on a case's main issues rather than dismissing it for delays, agreements made by the parties and the desire to resolve a case based on its substance are usually more important than the need to dismiss due to lack of speed.

It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties shall cooperate in bringing the action to trial or other disposition. Except as otherwise provided by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipulations in their own interests and the policy favoring trial or other disposition of an action on the merits are generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action in construing the provisions of this chapter.
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Section § 583.140

Explanation

This section states that the rules in this chapter do not change or impact the existing legal concepts of waiver and estoppel.

Nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel.
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Section § 583.150

Explanation

This law states that courts have the power to dismiss a case or apply penalties based on other rules they create or under their own authority, even if it's not directly outlined in this specific chapter.

This chapter does not limit or affect the authority of a court to dismiss an action or impose other sanctions under a rule adopted by the court pursuant to Section 575.1 or by the Judicial Council pursuant to statute, or otherwise under inherent authority of the court.
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Section § 583.160

Explanation

This law explains how the rules for dismissing a case apply depending on when the case started. It says that if a case was started before the new rules took effect, the old rules will still apply for dismissals if the dismissal notice was given before, on, or within one year of the new rules starting. Additionally, any dismissals that happened before the new rules kicked in are not affected by the new rules.

This chapter applies to a motion for dismissal made in an action commenced before, on, or after the effective date of this chapter, except that in the case of an action commenced before the effective date of this chapter:
(a)CA Civil Procedure Code § 583.160(a) A motion for dismissal made pursuant to notice given before, on, or within one year after the effective date of this chapter is governed by the applicable law in effect immediately before the effective date and for this purpose the law in effect immediately before the effective date continues in effect.
(b)CA Civil Procedure Code § 583.160(b) This chapter does not affect an order dismissing an action made before the effective date of this chapter.
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Section § 583.161

Explanation

This law states that certain family-related court petitions cannot be dismissed if specific conditions are met. Basically, if there's an active order related to child support, custody, visitation, spousal support, or a restraining order for domestic violence, the case must stay open. Also, if part of the case was separated for individual trial, the petition remains valid.

A petition filed pursuant to Section 299, 2250, 2330, or 7600 of the Family Code shall not be dismissed pursuant to this chapter if any of the following conditions exist:
(a)CA Civil Procedure Code § 583.161(a) An order for child support or an order regarding child custody or visitation has been issued in connection with the proceeding and the order has not been (1) terminated by the court or (2) terminated by operation of law pursuant to Sections 3022, 3900, 3901, 4007, and 4013 of the Family Code.
(b)CA Civil Procedure Code § 583.161(b) An order for spousal support has been issued in connection with the proceeding and the order has not been terminated by the court.
(c)CA Civil Procedure Code § 583.161(c) A personal conduct restraining order has been issued pursuant to the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code) and the order has not been terminated by operation of law or by the court.
(d)CA Civil Procedure Code § 583.161(d) An issue in the case has been bifurcated and one of the following has occurred:
(1)CA Civil Procedure Code § 583.161(d)(1) A separate trial has been conducted pursuant to Section 2337 of the Family Code.
(2)CA Civil Procedure Code § 583.161(d)(2) A separate trial has been conducted pursuant to the California Rules of Court.
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