Judge: Michael T. Smyth, Case: 37-2021-00047184-CU-PL-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Product Liability Motion to Dismiss 37-2021-00047184-CU-PL-CTL DEXHEIMER VS TESLA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Dismiss, 12/28/2023

Defendant Tesla, Inc.'s unopposed Motion to Dismiss is GRANTED.

A plaintiff is required to proceed with 'reasonable diligence in prosecution an action.' (Code Civ. Proc., § 583.130.) The Code of Civil Procedure includes both mandatory and discretionary grounds for dismissal for delay in prosecution. Defendant brings its motion pursuant to the discretionary grounds for dismissal. (See Code Civ. Proc. § 583.410; Cal. R. Court, rule 3.1340(a) ['The court on its own motion or on motion of the defendant may dismiss an action . . . for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant.'].) Dismissal is appropriate where there is no showing of excusable delay and where a plaintiff refuses to participate in the litigation. (See, e.g., Wilson v. Sunshine Meat & Liquor Co. (1983) 34 Ca1.3d 554, 562-63.) While Code of Civil Procedure section 583.130 states that 'the policy favoring .

. . disposition of an action on the merits are generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action' there has been no effort at all on Plaintiffs' part to participate in this litigation since its inception over three years ago.

Additionally, Plaintiffs have not opposed the motion to dismiss and therefore conceded its merits.

The motion is granted. Defendant is to submit a formal order within 10 days.

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