Does a plaintiff have to make a showing of excusable delay in making a claim for damages?

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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