This sample California motion for discretionary dismissal for delay in prosecution 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 on which this preview is based is 10 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.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION FOR
DISMISSAL FOR DELAY IN PROSECUTION;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF ________;
EXHIBITS
DATE:
TIME:
DEPT:
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION

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1TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
the matter may be heard in Department ___of the above entitled court, located at
____________________________________________, LIST PARTY CAPACITY SUCH AS
DEFENDANT, ETC., will and hereby does move this Court for an order dismissing the above-
entitled action as to the LIST WHETHER PLAINTIFF, CROSS-COMPLAINANT, ETC. on the
grounds that USE WHICHEVER STATUTE LISTED BELOW APPLIES TO YOUR CASE
FOR FAILURE TO SERVE THE SUMMONS AND COMPLAINT USE THE ONE
DIRECTLY BELOW:
The failure to serve the summons and complaint on _____________ within 2 years pursuant
to Code of Civil Procedure § 583.420(a)(1);
FOR FAILURE TO BRING THE CASE TO TRIAL USE THE ONE DIRECTLY
BELOW:
The failure to bring this action to trial within 3 years pursuant to Code of Civil Procedure
§ 583.420(a)(2);
FOR FAILURE TO BRING THE CASE TO RETRIAL USE THE ONE DIRECTLY
BELOW:
The failure to bring this action to retrial within 2 years after a mistrial, order granting new
trial or reversal on appeal pursuant to Code of Civil Procedure § 583.420(a)(3).
This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING
DECLARATION, and exhibits attached thereto, the supporting memorandum served and filed with
this motion, the records and file in this matter, and on such other oral and documentary evidence as
may be presented at the hearing of this motion.
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION

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Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remember that discretionary dismissal
motions for delay in prosecution are subject to a special 45–day notice
of hearing requirement pursuant to Code of Civil Procedure § 583.410
and California Rule of Court 3.1342(a).
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
INTRODUCTION
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/212415791/Sample-California-Motion-for-
Discretionary-Dismissal-for-Delay-in-Prosecution
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION