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


The following excerpt is from Tustin Plaza Partnership v. Wehage, 27 Cal.App.4th 1557, 33 Cal.Rptr.2d 366 (Cal. App. 1994):

And even before the newly enacted amendment, differences existed between section 583 and 473 motions. While cases under both were similarly analyzed, section 473 relief was always viable only for a plaintiff who had failed to oppose a motion to dismiss, thus allowing a belated opposition to the underlying motion. "The cases reflect that this ha[d] always been the accepted relationship between section 473 and the various statutes permitting dismissal for lack of prosecution." (Wilcox v. Ford (1988) 206 Cal.App.3d 1170, 1176, 254 Cal.Rptr. 138.) The amendments to section 473 should have no effect on this relationship.

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