§ 583.420.Conditions Required For Dismissal

Discretionary dismissal under this article can't happen just because a court thinks a case is moving slowly — one of three specific triggers has to occur first. The first is a two-year service failure: if service on the defendant isn't made within two years after the action is commenced, discretionary dismissal becomes available.

The second trigger covers trial timing generally: the action isn't brought to trial within three years after commencement, unless the Judicial Council has adopted a rule shortening that to two years for a particular court because of calendar conditions or other reasons affecting the conduct of litigation or the administration of justice in that court.

The third trigger mirrors § 583.320's retrial deadlines but with shorter windows: if a new trial is granted, discretionary dismissal becomes available if the case isn't retried within two years of a mistrial or jury disagreement order, within two years of an unappealed new trial order, or within two years of a remittitur filed after an appeal affirms a new trial order or reverses and remands. All of these times are computed the same way the mandatory service and trial deadlines are computed under Articles 2 and 3.