Is a motion to dismiss for failure to bring an action to trial due to the lack of diligence required?

California, United States of America


The following excerpt is from Briggs v. Superior Court of Kern Cnty., F075179 (Cal. App. 2018):

Petitioners contend that the trial court abused its discretion because its order did not discuss the diligence requirement. But there is no general principle that a trial court must state on the record all its reasons for all its rulings, and we are aware of no rule specifically requiring such a statement of reasons for a ruling on a motion to dismiss for failure to bring an action to trial within the required time. Instead, default principles of appellate review apply: "On appeal, we presume that a judgment or order of the trial court is correct, '"[a]ll intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown."'" (People v. Giordano (2007) 42 Cal.4th 644, 666.) If a judge opts to state reasons for a ruling, and they are erroneous reasons, this may be grounds for finding an abuse of discretion, but that did not happen here. Petitioners have failed to show affirmatively that the trial court erred on the issue of diligence.

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