California, United States of America
The following excerpt is from Shepard's Estate, In re, 221 Cal.App.2d 70, 34 Cal.Rptr. 212 (Cal. App. 1963):
This rule is manifestly a just one because if it were otherwise, a litigant would be deprived of his right to an appellate review of the proceedings in all cases in which of the trial court intentionally declined to act within the authorized time or intentionally chose to deny the motion in this manner. Of course, in such instances application might be made to this court for a writ of mandate compelling the trial court to rule within the allowed time (Clay v. Lagiss, 143 Cal.App.2d 441, 451, 299 P.2d 1025; Free v. Furr, supra, 140 Cal.App.2d p. 385, 295 P.2d p. 139); but the latter remedy often would be impractical, and, in any event, would not constitute a review of the merits of the motion itself.
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