What is the test for dismissing a motion to dismiss a motion for summary dismissal?
California, United States of America
The following excerpt is from State of California v. Superior Court, 159 Cal.Rptr. 650, 98 Cal.App.3d 643 (Cal. App. 1979):
Accordingly, applying the general rule that "(w)hether it is impossible, impracticable or futile to proceed to trial must be determined in light of the circumstances in each case," (Woley v. Turkus (1958) 51 Cal.2d 402, 407, 334 P.2d 12, 15) we conclude that since plaintiffs had in excess of six months to bring the within action to trial within the five-year period provided by section 583(b) following the termination of the arbitration proceedings on October 4, 1978, the court below abused its discretion in failing to grant defendants' motion to dismiss.
[98 Cal.App.3d 651]
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