Affirmation of Dismissal in California Motion to Dismiss Upholds New Guidelines for Timely Prosecution of Civil Cases

The California Court of Appeal has delivered a significant victory to WSHB's client, a regional medical clinic, by affirming the dismissal of a long-standing case that had been plagued by extraordinary delays. The motion to dismiss was filed in January 2021, after the plaintiff failed to make meaningful progress in prosecuting the case despite ample time being provided.

The case, which was filed on February 3, 2012, alleged bodily injuries incurred during a visit to the client's medical facility. However, the plaintiff's efforts to bring the case to trial were hindered by repeated delays, including multiple attorney withdrawals and a failure to provide witnesses or documents during a trial management conference.

In October 2016, the trial court dismissed the case by way of a terminating sanction due to the plaintiff's lack of progress in bringing the matter to trial. The dismissal was subsequently reversed by the Court of Appeal in January 2020, but the plaintiff failed to take advantage of the opportunity to retry the case.

WSHB argued for the affirmation of the dismissal on two grounds at both the trial and appellate levels. The motion was granted, leading to a timely appeal by the plaintiff, who continued to engage in the same pattern of delays that had plagued the case.

Despite being given an extended deadline due to emergency rules enacted by the Judicial Council of California in response to the pandemic, the plaintiff made no meaningful progress in prosecuting the case. As a result, WSHB filed a motion to dismiss in January 2021, which was granted by the Court of Appeal on October 11, 2023.

The court's ruling establishes new guidelines for the application of California's 'five-year' deadline to bring cases to trial (CCP 583.310), providing clarity and certainty for future defendants. The case presents unprecedented legal issues concerning California's laws for timely prosecuting civil cases, and the ruling will likely be relied upon by attorneys in similar situations.

'This case provides vindication for our client, who weathered exceptional delays driven by the way the matter was prosecuted as well as by the Covid-19 pandemic,' said attorney Steve Disharoon, who handled both the trial and appellate proceedings. 'The court's ruling establishes new guidelines that will certainly be relied upon by future defendants in navigating California's complex laws for timely prosecution of civil cases.'

In conclusion, the affirmation of the dismissal in this case marks a significant victory for WSHB's client and sets an important precedent for the application of California's 'five-year' deadline to bring cases to trial. The ruling provides clarity and certainty for future defendants and underscores the importance of timely prosecution in civil cases.

California motion to dismiss