What is the test for dismissing a motion for failure to appear at trial?
California, United States of America
The following excerpt is from Maseco S.A. v. Herbert, G055332 (Cal. App. 2018):
Dismissal for failure to appear at trial is discretionary. (Code Civ. Proc., 581, subds. (b)(5), (l).)2 "Thus, a trial court's decision to dismiss . . . will be overturned only upon a showing of a manifest abuse of discretion. [Citation.] Discretion is abused when the . . . ruling is arbitrary, capricious, exceeds the bounds of reason or prevents a fair hearing from being held." (Link v. Cater (1998) 60 Cal.App.4th 1315, 1321.)
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