California

Civil Procedure

Civil Procedure

Rule 3.1340 – Motion for discretionary dismissal after two years for delay in prosecution

(a) Discretionary dismissal two years after filing

The court: on its own motion or on motion of the defendant may dismiss an action under Code of Civil Procedure sections 583.410-583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant.

(b) Notice of court’s intention to dismiss

If the court intends to dismiss an action on its own motion, the clerk must set a hearing on the dismissal and send notice to all parties at least 20 days before the hearing date.

(c) Definition of “conditionally settled”

“Conditionally settled” means:

(1) A settlement agreement conditions dismissal on the satisfactory completion of specified terms that are not to be fully performed within two years after the filing of the case; and
(2) Notice of the settlement is filed with the court as provided in rule 3.1385.

Cal. R. Ct. 3.1340

Rule 3.1340 amended effective January 1, 2016; adopted as rule 372 effective January 1, 1990; previously amended and renumbered as rule 3.1340 effective January 1, 2007.