What is the test for dismissing an action for want of prosecution?

California, United States of America


The following excerpt is from Knight v. Pacific Gas & Elec. Co., 178 Cal.App.2d 923, 3 Cal.Rptr. 600 (Cal. App. 1960):

Section 583 of the Code of Civil Procedure authorizes the court, in its discretion, to dismiss an action for want of prosecution when the plaintiff has failed to bring such action to trial within two years after it has been filed. The discretion in question is the discretion of the trial court; not of the appellate court; 'and will be disturbed only in cases of manifest abuse.' Hayashi v. Lorenz, 42 Cal.2d 848, 851, 271

Page 604

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