Discretion Under the Three Year Rule Is Not Unbounded

Corrinett v. Bardy, No. A153241 (D1d4 May 9, 2019)

This case was dismissed under the Code of Civil Procedure § 583.420’s discretionary three-years-to-trial rule. At the time it was dismissed, a trial date—about a month short of § 583.310’s mandatory five-year limit—had been set. The Court of Appeal holds that the trial court abused its discretion in dismissing this case. Some of the trial court’s factual findings were contradicted by the evidence—like accusing plaintiff of doing virtually nothing while the record reflected his active participation in discovery. And other valid excuses—such as documented severe illnesses by the plaintiff and his counsel—were ignored. So even though the standard of review is deferential, the trial court’s ruling was sufficiently arbitrary to merit reversal.

Reversed.