What is the test for a motion to dismiss for unreasonable delay?
California, United States of America
The following excerpt is from Sean H. v. Sean H., No. A141329 (Cal. App. 2017):
We review a trial court's denial of a motion to dismiss for such a delay for an abuse of discretion. (People v. Cowan, supra, 50 Cal.4th at p. 431.) We defer to the trial court's factual findings if supported by substantial evidence. (Ibid.) Whether the delay is unreasonable and prejudicial is a question of fact. (People v. Mirenda (2009) 174 Cal.App.4th 1313, 1330.)
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