California, United States of America
The following excerpt is from Salas by Salas v. Sears, Roebuck and Co., 173 Cal.App.3d 349, 218 Cal.Rptr. 897 (Cal. App. 1985):
"In passing upon the motion for an early and preferential setting, the court was not limited to a consideration of the single fact that the five-year period was about to expire but was required to view the total picture, including the dilatory action of the plaintiff, the condition of the court's calendar, the rights of other litigants, and the prejudice to the defendants resulting from the delay." (Beswick v. Palo Verde Hospital Assn., Inc., supra, 188 Cal.App.2d 254, 260, 10 Cal.Rptr. 314.)
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