What is the effect of a notice motion to dismiss an action brought by a plaintiff against defendants?

California, United States of America


The following excerpt is from Barna v. Passage 3 Canon, 186 Cal.App.3d 440, 230 Cal.Rptr. 764 (Cal. App. 1986):

On August 16, 1985, defendants filed a noticed motion to dismiss pursuant to sections 583.310 and 583.360 on the ground the plaintiff had failed to prosecute the action and to bring it to trial within five years from the date that it was filed. The plaintiff filed opposition to the motion, contending that the matter was primarily controlled by Moran v. Superior Court (1983) 35 Cal.3d 229, 197 Cal.Rptr. 546, 673 P.2d 216. The motion was heard on October 11,

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