What is the test for dismissing a motion to dismiss for failure to prosecute?
California, United States of America
The following excerpt is from American Western Banker v. Price Waterhouse, 12 Cal.App.4th 39, 14 Cal.Rptr.2d 916 (Cal. App. 1993):
"When the trial court has ruled on [a motion to dismiss for failure to prosecute], ' "unless a clear case of abuse is shown and unless there has been a miscarriage of justice a reviewing court will not substitute its opinion and thereby divest the trial court of its discretionary power." ' " (Blank v. Kirwan (1985) 39 Cal.3d 311, 331, 216 Cal.Rptr. 718, 703 P.2d 58.) The trial
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