1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

5

6

7

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) DISMISSAL FOR DELAY IN PROSECUTION;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF ________;
14 Any Defendant, and DOES 1-5 ) EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )

19
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- 1 -
NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
1 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on _______________ at ___________, or as soon thereafter as
3
the matter may be heard in Department ___of the above entitled court, located at
4
____________________________________________, LIST PARTY CAPACITY SUCH AS
5

6
DEFENDANT, ETC., will and hereby does move this Court for an order dismissing the above-

7 entitled action as to the LIST WHETHER PLAINTIFF, CROSS-COMPLAINANT, ETC. on the

8 grounds that USE WHICHEVER STATUTE LISTED BELOW APPLIES TO YOUR CASE
9
FOR FAILURE TO SERVE THE SUMMONS AND COMPLAINT USE THE ONE
10
DIRECTLY BELOW:
11
The failure to serve the summons and complaint on _____________ within 3 years or return
12

13 proof of service within 60 days after the 3–year period required by Code of Civil Procedure §

14 583.210 requires mandatory dismissal.
15
FOR FAILURE TO BRING THE CASE TO TRIAL USE THE ONE DIRECTLY
16
BELOW:
17
The failure to bring this action to trial within 5 years as required by Code of Civil Procedure §
18

19 583.310 requires mandatory dismissal.

20 FOR FAILURE TO BRING THE CASE TO RETRIAL USE THE ONE DIRECTLY
21
BELOW:
22
The failure to bring this action to retrial within 3 years after a mistrial, order granting new
23
trial or reversal on appeal as required by Code of Civil Procedure § 583.320 requires mandatory
24

25 dismissal.

26 This motion is based on the declaration of LIST NAME OF PERSON(S) SIGNING
27
DECLARATION, and exhibits attached thereto, the supporting memorandum served and filed with
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION
1 this motion, the records and file in this matter, and on such other oral and documentary evidence as
2 may be presented at the hearing of this motion.
3
Be sure to modify these paragraphs to suit your individual
4

5 situation. Do NOT just use the wording here unless it definitely applies
6

7
to your particular situation. Remember that if this motion for dismissal
8
is your first appearance in this action there is a 30–day notice of
9

10 hearing requirement pursuant to Code of Civil Procedure § 418.10(b).
11
Otherwise the usual 16 Court days with additional time for service by
12

13 mail is permitted.
14

15
To purchase the entire 11 page document visit:
16
https://legaldocspro.myshopify.com/products/sample-motion-for-
17

18
mandatory-dismissal-for-delay-in-prosecution-in-california
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NOTICE OF MOTION AND MOTION FOR DISMISSAL FOR DELAY IN PROSECUTION

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