Burton

DISCUSSION

I. Standard of review

We review a trial court’s dismissal for failure to prosecute for abuse of discretion. (Blank v. Kirwan (1985) 39 Cal.3d 311, 331.) Under this standard, we will not disturb the trial court’s decision unless it “‘exceeds the bounds of reason, all of the circumstances before it being considered.’” (Denham v. Superior Court (1970) 2 Cal.3d 557, 566.)

II. There was no abuse of discretion in dismissing the

case The record demonstrates the trial court exercised considerable patience and provided ample opportunity for the parties to reach a settlement or for appellant to be ready for trial, before ultimately dismissing the case. Importantly, the court had previously cautioned the parties they must be prepared to move forward with trial if the case does not settle. An OSC regarding the failure to prosecute was set when appellant’s counsel did not appear for the September 19, 2022 trial date. At the September 21, 2022 hearing, the court was informed of a potential settlement and the trial and the order to show cause were continued to September 22, 2022. The parties could not agree to a settlement. Despite multiple continuances and clear…