Judge: Eddie C. Sturgeon, Case: 37-2020-00022618-CU-PO-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - August 03, 2023

08/04/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2020-00022618-CU-PO-CTL STEINBARTH VS SAN JOSE EQUESTRIAN CENTER LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Dismiss, 01/20/2023

Defendant William Faerber's Motion to Dismiss for Failure to Prosecute is DENIED.

A plaintiff is required to proceed with 'reasonable diligence' in prosecution an action.' (Code Civ. Proc., § 583.130.) The Code includes both mandatory and discretionary grounds for dismissal for delay in prosecution. Defendant brings his motion pursuant to the discretionary grounds for dismissal. (See Code Civ. Proc. § 583.410; Cal. R. Court, rule 3.1340(a).) The court finds that based on the circumstances of this case and the record before it, there has not been an unreasonable amount of delay and that Plaintiff has proceeded with reasonable diligence. The motion is denied.

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