What is the test for dismissing a motion for wrongful dismissal in a civil case?

California, United States of America


The following excerpt is from People v. Velasco-Palacios, 185 Cal.Rptr.3d 286, 235 Cal.App.4th 439 (Cal. App. 2015):

Based on this language, the People posit that dismissal was inappropriate in this case, as the proceeding could have go[ne] forward with full recognition of the defendant's right to counsel and to a fair trial after the transcription fabrication was revealed. (United States v. Morrison, supra, 449 U.S. at p. 365, 101 S.Ct. 665.) The People fail to note, however, that the court explicitly held in that same excerpt that dismissal was inappropriate only in the absence of demonstrable prejudice that has had or threatens some adverse effect upon the effectiveness of counsel's representation or has produced some other prejudice to the defense. (Ibid. ) Accordingly, there is no need to prove a proceeding could not go forward with full recognition of a defendant's right to counsel if it can be established that prejudice has already occurred.

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