2010 California Code
Code of Civil Procedure
Article 4. Discretionary Dismissal For Delay

583.410.  (a) The court may in its discretion dismiss an action for
delay in prosecution pursuant to this article on its own motion or on
motion of the defendant if to do so appears to the court appropriate
under the circumstances of the case.
   (b) Dismissal shall be pursuant to the procedure and in accordance
with the criteria prescribed by rules adopted by the Judicial
Council.


583.420.  (a) The court may not dismiss an action pursuant to this
article for delay in prosecution except after one of the following
conditions has occurred:
   (1) Service is not made within two years after the action is
commenced against the defendant.
   (2) The action is not brought to trial within the following times:
   (A) Three years after the action is commenced against the
defendant unless otherwise prescribed by rule under subparagraph (B).
   (B) Two years after the action is commenced against the defendant
if the Judicial Council by rule adopted pursuant to Section 583.410
so prescribes for the court because of the condition of the court
calendar or for other reasons affecting the conduct of litigation or
the administration of justice.
   (3) A new trial is granted and the action is not again brought to
trial within the following times:
   (A) If a trial is commenced but no judgment is entered because of
a mistrial or because a jury is unable to reach a decision, within
two years after the order of the court declaring the mistrial or the
disagreement of the jury is entered.
   (B) If after judgment a new trial is granted and no appeal is
taken, within two years after the order granting the new trial is
entered.
   (C) If on appeal an order granting a new trial is affirmed or a
judgment is reversed and the action remanded for a new trial, within
two years after the remittitur is filed by the clerk of the trial
court.
   (b) The times provided in subdivision (a) shall be computed in the
manner provided for computation of the comparable times under
Articles 2 (commencing with Section 583.210) and 3 (commencing with
Section 583.310).


583.430.  (a) In a proceeding for dismissal of an action pursuant to
this article for delay in prosecution the court in its discretion
may require as a condition of granting or denial of dismissal that
the parties comply with such terms as appear to the court proper to
effectuate substantial justice.
   (b) The court may make any order necessary to effectuate the
authority provided in this section, including, but not limited to,
provisional and conditional orders.