Weeks v. Parklane Apartments, et al.
Defendants Moe Siry and Siry Investments, L.P.’s Motion to Dismiss is denied.
Legal Standard
Code of Civil Procedure section 583.410 provides that an action can be dismissed under appropriate circumstances. (Code Civ. Proc., § 583.410, subd. (a).) Dismissal must be made “pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.” (Code Civ. Proc., § 583.410, subd. (b).) Dismissal is permitted when an action has not been brought to trial within three years of its commencement. (Code Civ. Proc., § 583.420, subd. (a)(2)(A).) Dismissal is even permitted two years after the action is commenced if a rule adopted by the Judicial Council so prescribes “because of the condition of the court calendar or for other reasons affecting the conduct of litigation or the administration of justice.” California Rules of Court Rule 3.1340
Background
This action was originally filed as an unlimited civil action
Type
BREACH OF CONTRACT (Limited Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Weeks v. Parklane Apartments, et al.
Defendants Moe Siry and Siry Investments, L.P.’s Motion to Dismiss is denied.
Legal Standard
Code of Civil Procedure section 583.410 provides that an action can be dismissed under appropriate circumstances. (Code Civ. Proc., § 583.410, subd. (a).) Dismissal must be made “pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.” (Code Civ. Proc., § 583.410, subd. (b).) Dismissal is permitted when an action has not been brought to trial within three years of its commencement. (Code Civ. Proc., § 583.420, subd. (a)(2)(A).) Dismissal is even permitted two years after the action is commenced if a rule adopted by the Judicial Council so prescribes “because of the condition of the court calendar or for other reasons affecting the conduct of litigation or the administration of justice.” California Rules of Court Rule 3.1340
Background
This action was originally filed as an unlimited civil action