Paul W. Speer, Inc. v. Superior Court

Petitioner seeks a writ of mandate to compel the Superior Court for Los Angeles County to dismiss an action now pending in that court.

The issue presented is whether the trial court abused its discretion in denying a motion to dismiss made by petitioner pursuant to the discretionary provisions of section 583 of the Code of Civil Procedure. On the facts of this case we conclude that the trial court did abuse its discretion and that the peremptory writ of mandate should issue.

A review of the record before the respondent superior court reflects the following chronology of events:

Section 583 of the Code of Civil Procedure provides in pertinent part: “The court may in its discretion dismiss any action for want of prosecution on motion of the defendant and after due notice to the plaintiff, whenever plaintiff has failed for two years after action is filed to bring said action to trial. ...”

“After the expiration of two years from the filing of a complaint, if the action has not been brought to trial the court has the power and the duty to dismiss the same against plaintiff upon defendant’s motion unless plaintiff can make a showing of excusable delay; the burden of making such a…