What is the effect of the discretionary dismissal statute on medical malpractice cases?
California, United States of America
The following excerpt is from County of Los Angeles v. Superior Court, 203 Cal.App.3d 1205, 250 Cal.Rptr. 481 (Cal. App. 1988):
The circumstances here are not unlike those in Adams v. Roses (1986) 183 Cal.App.3d 498, 228 Cal.Rptr. 339, in which plaintiffs contended the difficulty in obtaining a certificate of merit in a medical malpractice case excused the failure to diligently prosecute the action. The Adams court concluded the time during which plaintiff was obtaining the certificate of merit had no effect upon the discretionary dismissal statutes. (Id. at pp. 503-505, 228 Cal.Rptr. 339.)
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