Is a decision to dismiss a motion under section 581 discretionary?
California, United States of America
The following excerpt is from Castillo v. City of Long Beach, B253527 (Cal. App. 2015):
A dismissal pursuant to section 581, subdivision (l) is discretionary. "Thus, a trial court's decision to dismiss under this section will be overturned only upon a showing of a manifest abuse of discretion. [Citation.] Discretion is abused when the trial court's ruling is arbitrary, capricious, exceeds the bounds of reason or prevents a fair hearing from being held. [Citation.]" (Link v. Cater (1998) 60 Cal.App.4th 1315, 1321 (Link).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
Can a motion to dismiss a criminal case be dismissed under section 1387, subdivision (a) of the California Criminal Code? (California, United States of America)
Can a motion to dismiss an allegation under section F)(2 of the California Family Law Act be dismissed in furtherance of justice? (California, United States of America)
What is the difference between a motion to dismiss under section 583 and section 473 of the California Criminal Code? (California, United States of America)
What is the test for dismissing a motion for unfair dismissal under Code of Civil Procedure section 583? (California, United States of America)
What is the difference between a motion of dismissal and a motion to dismiss for violation of the speedy trial right? (California, United States of America)
In a motion to dismiss count 4 pursuant to section 1387, does defendant have to prove that defense counsel was ineffective for failing to file the motion? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
Can a motion under section 995 to dismiss the gang enhancement allegation be dismissed if it is brought by the Attorney General? (California, United States of America)
