How have the courts dealt with the showing of prejudice in a civil case?
California, United States of America
The following excerpt is from People v. Luckett, A145856 (Cal. App. 2017):
evidence that the delay was purposeful or intended to gain an advantage in the criminal proceedings. (People v. Nelson (2008) 43 Cal.4th 1242, 1255.) Moreover, because other family members were still available to testify for the defense, the showing of prejudice was weak. The trial court did not abuse its discretion.
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