6
I. MOTIONS
A. In General.
1. Nature and Distinctions.
(a) [§1] Application for Order.
(b) [§2] Types of Motions.
2. [§3] Main Action or Proceeding.
3. [§4] Party to Proceeding.
4. [§5] Time of Motion.
5. [§5A] (New) Required Papers and Elements.
B. Notice of Motion.
1. Necessity and Waiver.
(a) [§6] General Requirement of Notice.
(b) [§7] Waiver of Notice.
2. Form and Content.
(a) [§8] Formal Requisites.
(b) [§9] Statement of Grounds.
(c) [§10] Points and Authorities.
3. Service and Filing.
(a) Nature of Requirement.
(1) [§11] In General.
(2) Service on Attorney.
(aa) [§12] General Rule.
(bb) [§13] Exceptions.
(b) Time of Service.
(1) [§14] Required Period Before Hearing.
(2) [§15] Shortening Time.
(3) Extending Time.
(aa) [§16] Statutory Extension Based on Manner of Service.
(bb) Extension by Stipulation or Court Order.
(i) [§17] In General.
(ii) [§18] Mandatory Extension to Attorney‑Legislator.
(iii) [§19] Procedure.
(c) Manner of Service.
(1) Personal and Constructive Service.
(aa) [§20] On Attorney or Party.
(bb) [§21] Proof of Service.
(2) Service by Mail.
(aa) [§22] When Permitted.
(bb) [§23] Mechanics of Service.
(cc) [§24] Proof of Service.
(3) Service by Fax.
(aa) [§25] When Permitted.
(bb) [§26] Mechanics of Service.
(cc) [§27] Proof of Service.
(4) Time Extended for Certain Acts.
(aa) [§28] Statutory Extension Rule.
(bb) Scope of Statute.
(i) [§29] In General.
(ii) [§30] Express Limitations.
(iii) [§31] Implied Limitations.
(d) Filing.
(1) [§32] General Requirements.
(2) [§33] Filing by Fax.
C. Hearing.
1. [§34] Nature of Hearing.
2. [§35] Tentative Ruling Procedure.
3. Appearance by Counsel.
(a) [§36] Making of Motion.
(b) [§37] Appearance by Telephone.
4. Evidence.
(a) [§38] Restrictions on Oral Testimony.
(b) [§39] Affidavits and Declarations.
(c) [§40] Other Documentary Evidence.
(d) [§41] Judicial Notice.
D. Order.
1. [§42] How Made.
2. [§43] Notification and Notice.
E. Reconsideration or Renewal of Motion.
1. [§44] Former Law.
2. [§45] Revision of 1992.
3. [§46] Grounds for Relief.
4. [§47] Statutory Requirements Jurisdictional.
5. [§48] Sanctions.
6. [§49] Time Limits on Seeking Relief.
7. [§50] Reconsideration by Different Judge.
F. Penalty for Frivolous Motion.
1. [§51] Statutory Authorization.
2. Illustrations.
(a) [§52] Sanctions Warranted.
(b) [§53] Sanctions Not Warranted.
G. Ex Parte Application.
1. [§54] In General.
2. Order To Show Cause.
(a) [§55] Nature and Purpose.
(b) [§56] Procedure.
(c) [§57] When Used.
II. REFERENCE
A. In General.
1. [§58] Nature and Purpose.
2. [§59] Voluntary Reference.
3. Compulsory Reference.
(a) [§60] Conditions.
(b) [§61] Improper Reference.
B. Procedure.
1. [§62] Motion.
2. [§63] Appointment of Referee.
3. [§64] Objection to Referee.
4. [§65] Withdrawal of Stipulation for Reference.
5. [§66] Intervention.
6. [§67] Hearing.
7. [§68] Report.
8. [§69] Review of General Reference.
9. [§70] Review of Special Reference.
10. [§71] Fees and Costs.
III. SUBMISSION OF CONTROVERSY WITHOUT ACTION
A. [§72] Agreed Case.
B. [§73] Stipulation of Facts After Action Brought.
IV. OFFER TO COMPROMISE
A. [§74] Defendant's Offer Before Action Commenced.
B. Offer Before Trial.
1. In General.
(a) [§75] Development of Law.
(b) [§76] General Procedure.
(c) [§77] Scope of Statute.
2. Offer.
(a) [§78] Formal Requirements.
(b) [§79] Terms Must Be Certain.
(c) [§80] Offers by Multiple Parties.
(d) [§81] Offers to Multiple Parties.
(e) [§82] Good Faith Requirement.
(f) [§83] Offer Revocable During Statutory Period.
(g) [§84] Offer Terminated by Death of Offeree.
(h) [§85] Offer Not Revoked by Counteroffer.
(h-1) [§85A] (New) Rejection of Offer.
(i) [§86] Benefits of First Offer Not Lost by Second Offer.
(j) [§86A] (New) Effect of Second Offer.
3. Acceptance.
(a) [§87] Time.
(b) [§88] Formal Requirements.
4. [§89] Judgment on Compromise.
5. [§90] What Constitutes More Favorable Judgment.
6. [§91] Penalties for Failure To Accept Offer.
V. JUDGMENT BY CONSENT
A. [§92] Nature and Effect.
B. Enforcement of Settlement.
1. [§93] Former Motion Procedure.
2. Statutory Motion for Entry of Judgment.
(a) [§94] In General.
(b) [§95] Requirements for Agreement.
(c) [§96] Agreement Made Before Quasi‑Judicial Officer.
(d) [§97] Authority of Attorney.
(e) [§98] Preservation of Right to Indemnity or Contribution.
(f) [§99] Retention of Jurisdiction.
3. [§100] Other Means of Enforcement.
C. [§101] Plaintiff's Duties After Settlement.
VI. CONFESSION OF JUDGMENT
A. In General.
1. [§102] Nature of Proceeding.
2. [§103] Former Statute Unconstitutional.
3. [§104] Attorney's Advice Required.
4. [§105] Procedure.
B. Paternity and Support Judgments.
1. [§106] Former Law.
2. [§107] Revised Statute.
C. [§108] Stipulation To Terminate Parental Rights.
VII. JUDGMENT BY DEFAULT
A. In General.
1. [§109] Nature and Effect.
2. [§110] Default and Default Judgment Distinguished.
3. [§111] Default of Less Than All Defendants.
3A. [§111A] (New) Default Against Corporation Under Fictitious Business Name.
4. [§112] Restrictions on Default Judgments.
B. When Default Will Be Entered.
1. In General.
(a) [§113] Responses Preventing Entry of Default.
(b) [§114] Extension of Time.
(c) [§115] Types of Actions.
2. Where No Motion To Strike, Quash, Transfer, Stay, or Dismiss.
(a) [§116] Failure To Answer or Demur to Complaint.
(b) [§117] Failure To Answer or Demur to Cross‑Complaint.
(c) [§118] Failure To Answer or Demur to Amended Complaint.
(d) [§119] Failure To Answer After Demurrer Overruled.
(e) [§120] Failure To Amend After Demurrer to Answer Sustained.
3. Where Motion To Strike, Quash, Transfer, Stay, or Dismiss.
(a) [§121] Filing of Motion Prevents Default.
(b) [§122] Default After Granting Motion To Strike or Transfer.
(c) [§123] Default After Denial of Motions.
C. Notice of Damages Required Before Taking Default.
1. In General.
(a) [§124] General Rule: Recovery Limited to Amount Alleged.
(b) [§125] Prayer for Damages According to Proof.
(c) [§126] Default Entered as Discovery Sanction.
(d) [§127] Prayer on Dissolution Petition Form.
(e) [§128] Action for Accounting.
(f) [§129] Municipal Court Action.
2. Service of Statement of Damages.
(a) Personal Injury and Wrongful Death Cases.
(1) [§130] Necessity of Damages Statement.
(2) [§131] Effect of Other Claims.
(3) [§132] Special and General Damages.
(4) [§133] Time for Response.
(b) Punitive Damages Claims.
(1) [§134] Requirement of Notice of Amount Sought.
(2) [§135] Damages Statement Preserves Right To Recover.
D. Procedure on Clerk's Entry of Default.
1. [§136] Nature of Clerk's Power.
2. [§137] Application and Affidavit.
3. [§138] Notice to Defendant.
4. [§139] Entry and Memorandum.
E. Judgment on the Default.
1. [§140] Application and Accompanying Documents.
2. Entry of Judgment by Clerk.
(a) [§141] When Clerk May Act.
(b) Content of Judgment.
(1) [§142] Demand, Interest and Costs.
(2) [§143] Attorneys' Fees.
(c) [§144] Clerk's Delay or Failure To Act.
3. Entry of Judgment by Court.
(a) [§145] Contract Actions: No Definite Sum Demanded.
(b) Other Actions.
(1) [§146] Procedure.
(2) [§147] Nature of Hearing.
(c) [§148] Defendant Served by Publication.
(d) [§149] Judgment on Cross‑Complaint.
F. Waiver of Right To Default.
1. [§150] Waiver of Right To Take Default.
2. [§151] Waiver of Default Entered.
G. Effect of Default and Default Judgment.
1. When Properly Taken.
(a) [§152] Defendant's Procedural Rights Cut Off.
(b) [§153] Conclusive Admission of Material Facts.
2. When Improperly Taken.
(a) [§154] Wrongly or Fictitiously Named Defendant.
(b) [§155] Case Not Within Clerk's Power.
(c) [§156] Premature Entry.
(d) [§157] Entry Without Affidavit of Notice.
(e) [§158] Entry Without Proof of Service.
(f) [§159] Defendant's Answer Sufficient.
(g) [§160] Plaintiff's Complaint Insufficient.
(h) [§161] No Subject Matter Jurisdiction.
VIII. JUDGMENT ON THE PLEADINGS
A. In General.
1. [§162] Former Common Law Motion.
2. [§163] Statutory Motion.
3. [§164] General Demurrer Compared.
4. [§165] Use of Answer To Support Complaint.
B. Grounds for Motion.
1. [§166] Statutory Requirements.
2. Illustrations.
(a) [§167] Motion by Defendant.
(b) [§168] Motion by Plaintiff.
C. Procedure.
1. [§169] Notice.
2. [§170] Time of Motion.
3. [§171] Effect of Failure To File General Demurrer.
4. [§172] Effect of Prior Overruling of General Demurrer.
5. [§173] Renewal of Motion.
6. [§174] Order and Judgment.
7. [§175] Further Proceedings Where Leave To Amend Is Granted.
D. Objection to All Evidence.
1. [§176] Nature and Purpose of Objection.
2. [§177] Judgment Where Objection Is Sustained.
IX. SUMMARY JUDGMENT
A. In General.
1. [§178] Nature of Remedy.
2. [§179] Statutory Development.
3. [§180] Purpose of Summary Judgment.
4. When Summary Judgment Available.
(a) [§181] In General.
(b) [§182] Unlawful Detainer and Forcible Entry Cases.
(c) [§183] Actions for Declaratory Relief.
5. [§184] When Summary Judgment Not Available.
6. Other Procedures Compared.
(a) [§185] Motion To Dismiss or Strike.
(b) [§186] Motion for Judgment on the Pleadings.
(c) [§187] Trial of Special Defenses.
(d) [§188] Motion To Enforce Settlement.
7. [§189] Role of Pleadings.
B. Motion.
1. [§190] In General.
1A. [§190A] (New) Supporting Documents.
2. Time Requirements.
(a) [§191] Time After Which Motion May Be Made.
(b) [§192] Time of Service.
(c) [§193] Filing of Motion in Relation to Time of Trial.
(d) [§194] No Extension of Time To Respond.
3. [§195] Notice of Motion.
4. [§196] Statement of Material Facts.
C. Opposition.
1. [§197] Form.
2 . [§198] Time for Service and Filing.
D. [§199] Reply.
E. Evidence.
1. In General.
(a) [§200] Supporting Evidence.
(b) [§201] Opposing Evidence.
2. Affidavits and Declarations.
(a) [§202] General Requirements.
(b) [§203] Affiant's Personal Knowledge and Competency.
(c) [§204] Admissibility of Evidence Recited.
(d) [§205] Statement of Evidentiary Facts.
(e) [§206] Penalty for Affidavits in Bad Faith.
3. [§207] Evidence Obtained by Discovery.
4. [§208] Reliance on Adversary's Pleadings.
5. [§209] Documentary Evidence.
6. [§210] Judicial Notice.
7. [§211] Objections to Evidence.
F. Determination.
1. [§212] Hearing.
2. Burden of Proof.
(a) [§213] Plaintiff or Cross‑Complainant.
(b) Defendant or Cross‑Defendant.
(1) [§214] In General.
(2) [§215] Burden To Disprove Multiple Claims.
(3) [§216] Production of Evidence To Negate Plaintiff's or Cross‑Complainant's Claims.
3. Considerations Governing Determination.
(a) [§217] Existence of Triable Issue of Material Fact.
(b) [§218] Doubts Resolved in Favor of Opposing Party.
(c) [§219] Inferences To Be Drawn.
(d) [§220] Acceptance of Truth of Uncontroverted Evidence.
(e) [§221] Consideration of Grounds Not Raised by Moving Party.
(f) [§222] Free Speech Cases.
G. Order.
1. Denying Motion.
(a) [§223] In General.
(b) Specification of Reasons for Denial.
(1) [§224] In General.
(2) [§225] Denial Because of Existence of Triable Issue of Fact.
(c) [§226] Denial or Continuance To Procure Evidence.
2. [§227] Granting Motion.
3. [§228] Challenging Order in Trial Court.
H. Judgment.
1. [§229] Entry.
2. [§230] Judgment Exonerating Codefendant.
3. [§231] Amendment.
4. [§232] Challenging Judgment in Trial Court.
I. Review.
1. [§233] Appeal.
2 . [§234] Mandamus.
3. Scope of Review.
(a) [§235] Independent Review Standard.
(b) [§236] Issues Not Raised Below.
4. [§237] Granting Reversed.
5. [§238] Granting Upheld.
J. Summary Adjudication.
1. [§239] Nature of Remedy.
2. [§240] Statutory Development.
3. Matters Subject to Summary Adjudication.
(a) [§241] In General.
(b) [§242] Distinct Wrongful Acts in Same Pleaded Cause of Action.
4. Complete Disposition of Matter Adjudicated.
(a) [§243] In General.
(b) [§244] Issue of Duty Not Dispositive of Cause of Action.
(b-1) [§244A] (New) Compensatory Damage Claim Not Dispositive of Cause of Action.
(c) [§245] Declaratory Relief Claim Asserting Issues Disputed in Other Causes of Action.
5. [§246] Procedure.
6. [§247] Effect of Ruling on Motion.
7. Review.
(a) [§248] On Appeal.
(b) [§249] By Mandamus.
X. DISMISSAL OF ACTION GENERALLY
A. [§250] In General.
B. Authority To Dismiss.
1. [§251] Statute or Rule.
2. [§252] Inherent Power of Court.
XI. VOLUNTARY DISMISSAL
A. Before Commencement of Trial.
1. Plaintiff's Right To Dismiss.
(a) Complete Dismissal.
(1) [§253] In General.
(2) [§254] Effect of Fast Track Rules.
(3) [§255] Federal Practice.
(b) Partial Dismissal.
(1) [§256] Less Than All Defendants.
(2) [§257] Less Than All Causes.
2. Limitations on Right.
(a) [§258] Cross‑Complaint Filed.
(b) [§259] Complaint in Intervention Filed.
(c) [§260] Motion To Change Venue Pending.
(d) [§261] Plaintiff Not Sole Party in Interest.
3. Time of Request.
(a) [§262] Statutory Rule.
(b) What Constitutes Commencement of Trial.
(1) [§263] Statutory Definition.
(2) [§264] Demurrer Sustained Without Leave To Amend.
(3) [§265] Demurrer Sustained With Leave To Amend.
(4) [§266] Default on Request for Admissions.
(5) [§267] Summary Adjudication.
(6) [§268] Tentative Rulings on Dispositive Matters.
(7) [§269] Retrial After Reversal.
4. Procedure.
(a) [§270] Request and Clerk's Entry.
(b) [§271] Clerk's Refusal To Enter.
5. Effect.
(a) [§272] Trial Court's Jurisdiction After Dismissal.
(b) [§273] Res Judicata and Collateral Estoppel.
(c) [§274] Relief and Review.
B. After Commencement of Trial.
1. [§275] Dismissal on Request of Plaintiff.
2. [§276] Dismissal on Abandonment.
3. [§277] Effect of Dismissal.
C. [§278] By Consent of Adverse Party.
XII. INVOLUNTARY DISMISSAL FOR DELAY
A. Governing Legislation.
1. [§279] In General.
2. [§280] Former Law and Recommendation.
3. [§281] Enactment and Principal Changes.
4. [§282] Preference for Trial on the Merits.
5. [§283] Definitions.
6. [§284] Application to Special Proceedings.
7. [§285] Limitation on Proceedings for Dissolution or Legal Separation.
7A. [§285A] (New) Limitation on Nondissolution Proceedings Involving Child
Support Order.
8. [§286] Waiver and Estoppel Doctrines Applicable.
B. Mandatory Dismissal for Delay in Service.
1. In General.
(a) [§287] Authority.
(b) [§288] Purpose of Statute.
(c) Scope of Statute.
(1) [§289] Parties.
(2) [§290]Actions and Proceedings.
2. Time for Service and Return.
(a) In General.
(1) Service Within Three Years.
(aa) [§291] In General.
(bb) [§292] Substantial Compliance.
(2) [§293] Return Within Three Years and Sixty Days.
(3) [§294] Agreement for Shorter Time.
(b) Effect of Filing Amended or Supplemental Complaint.
(1) [§295] General Rule.
(2) [§296] Claim Based on Different Operative Facts.
(3) [§297] New Defendant Added.
(4) [§298] Joinder of Defendant by Order of Court.
3. Extensions, Excuses, and Exceptions.
(a) [§299] Statutory Basis.
(b) General Appearance.
(1) [§300] Nature and Scope of Exception.
(2) Acts Not Constituting General Appearance.
(aa) [§301] Motion To Dismiss for Delay in Prosecution.
(bb) [§302] Extension of Time To Plead.
(cc) [§303] Responding to Cross‑Complaint or Complaint in Intervention.
(dd) [§304] Appearance After Period Has Run.
(ee) [§305] Appearance in Action Consolidated for Trial With Present Action.
(ff) [§306] Submitting Affidavit in Support of Codefendant's Motion.
(gg) [§307] Other Acts.
(c) [§308] Stipulation Extending Time for Service.
(d) Conditions Preventing Running of Period.
(1) Defendant Not Amenable to Process.
(aa) [§309] Former Law.
(bb) [§310] Revised Statute.
(cc)
[§311] Defendant Outside
(dd) [§312] Corporate Defendant.
(ee) [§313] Marriage or Death of Defendant.
(ff) [§314] Amenability to Service Only By Publication.
(2) [§315] Stay Affecting Service.
(3) [§316] Validity of Service Litigated.
(4) Service Impossible, Impracticable, or Futile.
(aa) [§317] Judicial Development and Codification.
(bb) Strict Construction.
(i) [§318] In General.
(ii) [§319] Improper Entry of Default.
(iii) [§320] Improper Dismissal of Action.
(iv) [§321] Other Illustrations.
(e) Estoppel and Waiver.
(1) [§322] Development of Estoppel Exception.
(2) [§323] Nature of Estoppel Defense.
(3) [§324] Time Extension As Estoppel.
(4) [§325] Waiver of Right To Dismiss.
4. Procedure.
(a) [§326] Motion To Dismiss.
(b) Ruling on Motion.
(1) [§327] Former Law.
(2) [§328] Revised Law.
(c) [§329] Effect of Dismissal.
C. Mandatory Dismissal for Delay in Trial.
1. In General.
(a) [§330] Authority for Dismissal.
(b) [§331] Policy Considerations.
(c) Scope of Statute.
(1) [§332] Parties.
(2) [§333] Special Proceedings.
(3) [§334] Cross‑Complaint.
(4) [§335] Coordinated Actions.
(5) [§336] Dissolution or Separation Proceedings.
2. Procedure.
(a) [§337] Motion To Dismiss.
(b) [§338] Ruling on Motion
(c) Review of Order.
(1) [§339] Order Granting Dismissal.
(2) [§340] Order Denying Dismissal.
(d) [§341] Effect of Dismissal.
3. Time for Bringing Action to Trial.
(a) [§342] Five‑Year Period.
(b) When Action Commenced.
(1) [§343] In General.
(2) [§344] Effect of C.C.P. 473.
(3) [§345] Addition of New Parties.
(4) [§346] Later Action on Same Claim.
(5) [§347] Filing of Complaint in Intervention.
(c) When Action Brought to Trial.
(1) [§348] In General.
(2) [§349] Trial by Court.
(3) Trial by Jury.
(aa) [§350] Impanelment.
(bb) [§351] Selection and Discharge.
(4) Pretrial Disposition on Merits.
(aa) [§352] In General.
(bb) [§353] Judgment on Demurrer.
(cc) [§354] Summary Judgment or Adjudication.
(5) [§355] Stipulation to Binding Arbitration.
4. Extensions, Exceptions, and Excuses.
(a) Stipulation Extending Time.
(1) [§356] In General.
(2) Extension of Time To Bring Action.
(aa) [§357] In General.
(bb) [§358] Open‑Ended Extension.
(3) [§359] Waiver of Right To Dismiss.
(4) [§360] Parties to Stipulation.
(5) [§361] Stipulation After Expiration of Five‑Year Period.
(6) Effect of Extension.
(aa) [§362] Stipulation That Trial Be Held on Particular Day.
(bb) [§363] Open‑Ended Extension.
(cc) [§364] No Right To Amend Complaint.
(b) Conditions Preventing Running of Five‑Year Period.
(1) Jurisdiction of Court Suspended.
(aa) [§365] In General.
(bb) When Statute Tolled.
(i) [§366] Appeal Pending.
(ii) [§367] Death of Party.
(iii) [§368] Voluntary Dismissal Induced by Fraud or Mistake.
(cc) When Statute Not Tolled.
(i) [§369] Noncompliance With Claims Statute.
(ii) [§370] Change of Venue.
(iii) [§371] Furnishing of Security for Costs.
(dd) [§372] Tolling on Transfer for Lack of Jurisdiction.
(2) Prosecution of Action Stayed or Enjoined.
(aa) [§373] In General.
(bb) [§374] Bankruptcy Filing.
(3) Trial Impossible, Impracticable, or Futile.
(aa) Development of Law.
(i) [§375] Implied Exceptions Under Former Statute.
(ii) [§376] Codification of Exceptions in Revised Law.
(bb) Plaintiff's Burden of Proof.
(i) [§377] Existence of Impossibility, Impracticability, or Futility.
(ii) [§378] Causation.
(iii) [§379] Diligence.
(cc) Duration of Tolling.
(i) [§380] Tacking of Periods.
(ii) [§381] Tolling Despite Reasonable Time Remaining.
(dd) Particular Circumstances.
(i) [§382] In General.
(ii) [§383] No Courtroom or Judge.
(iii) [§384] Death or Illness.
(iv) [§385] Defendant's Default.
(v) [§386] Interlocutory Review.
(vi) [§387] Absence of Party in Interest.
(vii) [§388] Defendant Not Amenable to Process.
(viii) [§389] Invalid Order Preventing Matter Going to Trial.
(ix) [§390] Consolidated Actions.
(x) [§391] Severable Causes of Action.
(xi) [§392] Related Proceeding Pending.
(c) Arbitration.
(1) [§393] Submission to Contractual Arbitration.
(2) Submission to Judicial Arbitration.
(aa) Tolling by Arbitration During Last Six Months.
(i) [§394] Original Statute and Rule.
(ii) [§395] Moran Case.
(iii) [§396] Revised Statute.
(iv) [§397] Stipulation for Binding Arbitration.
(v) [§398] Tolling as to Intervenor's Claims.
(bb) Tolling From Award to Trial De Novo.
(i) [§399] Moran Rule: Tolling Until New Trial Date.
(ii) [§400] Duty To Monitor Resetting.
(cc) Impracticability and Diligence.
(i) [§401] In General.
(ii) [§402] Lack of Diligence During Arbitration.
(iii) [§403] Motion for Arbitration To Avoid Dismissal.
(d) Estoppel and Waiver.
(1) [§404] Estoppel Against Defendant.
(2) [§405] Estoppel Against Trial Court.
(3) [§406] Waiver by Going to Trial.
(e) Disposition of Litigable Issues.
(1) [§407] Conclusive Admissions by Defendant.
(2) [§408] Compromise Agreement.
(f) [§409] Extension Where Less Than Six Months Remain.
5. Belated Attempt To Get Trial Date.
(a) [§410] Former Law.
(b) Discretion To Grant Preferential Setting.
(1) [§411] In General.
(2) [§412] Preferential Setting Denied.
(3) [§413] Preferential Setting Required.
D. Mandatory Dismissal for Delay in New Trial.
1. [§414] In General.
2. [§415] After Mistrial or Jury Disagreement.
3. [§416] After New Trial Granted.
4. After Decision on Appeal.
(a) [§417] Order Granting New Trial Affirmed.
(b) [§418] Judgment Reversed With Remand for New Trial.
(c) [§419] Distinction: Reversal Without Remand for New Trial.
5. Extensions, Exceptions, and Excuses.
(a) [§420] In General.
(b) Trial Impossible, Impracticable, or Futile.
(1) [§421] In General.
(2) [§422] Requirement of Reasonable Diligence.
(c) [§423] Estoppel.
(d) [§424] Extension Where Five‑Year Period Not Elapsed.
E. Discretionary Dismissal for Delay.
1. In General.
(a) [§425] Power To Dismiss.
(b) [§426] Criteria Governing Exercise of Discretion.
(c) [§427] Premature Dismissal Improper.
(d) [§428] Extensions, Exceptions, and Excuses.
2. Delay in Service.
(a) [§429] In General.
(b) Time for Service.
(1) [§430] Amended Complaint.
(2) [§431] Doe Defendant.
(3) [§432] Complaint in Intervention.
(c) Excuse for Delay.
(1) [§433] Necessity for Showing.
(2) [§434] Sufficiency of Showing.
(d) [§435] Prejudice to Defendant.
(e) Review.
(1) [§436] Dismissal Upheld.
(2) [§437] Abuse of Discretion.
3. Delay in Trial.
(a) [§438] In General.
(b) Excuse for Delay.
(1) [§439] Former Rule: Dismissal Required Absent Adequate Showing.
(2) [§440] Current Rule: Discretion of Trial Court.
(3)[§441] Necessity for Some Showing.
(4) [§442] Attorney's Neglect Imputed to Client.
(c) [§443] Prejudice to Defendant.
(d) [§444] Effect of Judicial Arbitration.
(d-1) [§444A] (New) Effect of Trial Preference.
(d-2) [§444B] (New) Effect of Trial Setting.
(e) Review.
(1) [§445] Dismissal Upheld.
(2) [§446] Abuse of Discretion.
4. Delay in New Trial.
(a) [§447] Former Law.
(b) [§448] Revised Law.
5. Procedure.
(a) [§449] Judicial Council Rule.
(b) [§450] Notice of Motion.
(c) [§451] Opposition, Response and Reply.
(d) Ruling on Motion.
(1) [§452] Ruling May Be Conditioned.
(2) [§453] Absent or Incorrect Statement of Grounds.
(e) Dismissal on Court's Own Motion.
(1) [§454] In General.
(2) [§455] After Motion To Specially Set.
(f) Relief From Order.
(1) [§456] Review of Order.
(2) [§457] Relief Under C.C.P. 473.
(g) [§458] Effect of Dismissal.
XIII. INVOLUNTARY DISMISSAL FOR REASONS OTHER THAN DELAY
A. [§459] In General.
B. Failure To Appear at Trial.
1. [§460] When Dismissal Proper.
2. [§461] Trial of Uncontested Matter as Alternative to Dismissal.
C. [§462] Demurrer Sustained Without Leave To Amend.
D. [§463] Demurrer Sustained With Leave To Amend.
E. [§464] Motion To Strike Granted.
F. [§465] Failure To Bring Small Claims Court Appeal to Trial.
G. Improper Grounds For Dismissal.
1. [§466] In General.
2. [§467] Failure To Enter Default Judgment.
XIV. ALTERNATIVE DISPUTE RESOLUTION
A. In General.
1. [§468] Nature and Scope of ADR.
2. [§469] Governing Law.
3. [§470] Immunity of Persons Performing Dispute Resolution Services.
B. [§471] Negotiation.
C. Mediation.
1. [§472] In General.
2. [§473] Regulation of Mediation.
3. Court‑Ordered Mediation.
(a) [§474] Scope of Pilot Project.
(b) [§475] Time for Mediation.
(c) [§476] Procedure.
D. [§477] Voluntary Settlement Conference.
E. [§478] Neutral Fact‑Finding or Evaluation.
F. [§479] Mini‑Trial.
G. Private Judging.
1. [§480] In General.
2. [§481] Voluntary Reference.
3. [§482] Temporary Judge.
4. [§483] Procedure.
H. Contractual Arbitration.
1. In General.
(a) [§484] Definition and Nature.
(a-1) [§484A] (New) Inherent Conflict Exception to Policy Favoring Arbitration.
(b)