What is the test for a motion to overturn a dismissal of an action for failure to prosecute?
California, United States of America
The following excerpt is from Reddick v. Mortg. Electornic Registration Sys., Inc., F067607 (Cal. App. 2014):
"'In reviewing the lower court's dismissal of [an] action for failure to prosecute, the burden is on appellant to establish an abuse of discretion. [Citation.] We will not substitute our opinion for that of the trial court unless a clear case of abuse is shown and unless there is a miscarriage of justice.'" (Sagi Plumbing v. Chartered Const. Corp. (2004) 123 Cal.App.4th 443, 447.)
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