When will the Court dismiss an action for failure to prosecute under section 583.410(a) and rule 3.1340(a)?

California, United States of America


The following excerpt is from Chen v. T.T. Grp., Inc., G053139 (Cal. App. 2017):

Second, because the case was not dismissed for failure to prosecute under section 583.410, subdivision (a) and rule 3.1340(a), the notice requirements therein do not apply. Further, proper notice was given and it plainly stated the action would be dismissed if a party failed to appear. This was sufficient to protect plaintiff's due process. (Roman v. Usary Tire & Service Center (1994) 29 Cal.App.4th 1422, 1429 [notice that dismissal possible is sufficient].) In addition, in a declaration filed in response to the OSC re dismissal, plaintiff specifically acknowledged receipt of notice.

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