California, United States of America
The following excerpt is from Warner Bros. Entm't Inc. v. Superior Court of L. A. Cnty., 240 Cal.Rptr.3d 438, 29 Cal.App.5th 243 (Cal. App. 2018):
Likewise, while a decision on trial preference rests in the sound discretion of the trial court, the court must consider, among other factors, "dilatory conduct by plaintiff," so that a plaintiff must "make[ ] some showing of excusable delay." ( Salas v. Sears Roebuck & Co. (1986) 42 Cal.3d 342, 349, 347, 228 Cal.Rptr. 504, 721 P.2d 590 ( Salas ); see id. at p. 347, 228 Cal.Rptr. 504, 721 P.2d 590 ["although the interests of justice weigh heavily against disposing of litigation on procedural grounds a policy we reaffirm that policy will necessarily prevail only if a plaintiff makes some showing of excusable delay"].)13
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