Is a plaintiff permitted to proceed with reasonable diligence in the prosecution of an action?

California, United States of America


The following excerpt is from SLPR, LLC v. Eng'g, D072736 (Cal. App. 2018):

In construing these provisions, we are mindful of the statutory policies both that a "trial or other disposition of an action on the merits [is] generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action" and that "a plaintiff shall proceed with reasonable diligence in the prosecution of an action[.]" ( 583.130.) Consistently, applicable tolling provisions "must be liberally construed consistent with the policy favoring trial on the merits." (Dowling v. Farmers Ins. Exchange (2012) 208 Cal.App.4th 685, 693.)

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