What is the test for a motion to exclude a plaintiff from a date of trial due to the impracticability of bringing the case to trial?

This is a decision best left to the trial court in the exercise of its discretion, after it reviews the nature of the case and the parties' conduct. (Bruns v. E-Commerce Exchange, Inc. (2011) 51 Cal.4th 717, 730-731.) In making such a ruling, "'[t]he critical factor . . . is whether the plaintiff exercised reasonable diligence in prosecuting his or her case.' [Citations.]" (Ibid.) Reasonable diligence is required "'at all stages of the proceedings.'" (Ibid.) But even if the plaintiff is diligent, that in itself does not automatically toll the statute. (Ibid.) In addition, the plaintiff has the burden to show whether there was a causal connection between the impracticability and "the failure to move the case to trial" and whether the inability to bring the case to trial was caused by circumstances beyond the plaintiff's control. (Ibid.)

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Not every period of time when the plaintiff is unable to bring the case to trial is automatically excluded. (Bruns v. E-Commerce Exchange, Inc., supra, 51 Cal.4th at p. 731.) "'Time consumed by the delay caused by ordinary incidents of proceedings, like disposition of demurrer, amendment of pleadings, and the normal time of waiting for a place on the court's calendar are not within the contemplation of these exceptions.' [Citation.]" (Ibid.) There must be "'"excessive and unreasonable difficulty or expense."' [Citation.]" (Ibid.) Unless the plaintiff proves the trial court abused is discretion, we affirm its decision. (Ibid.)