Civ Pro - CA - Pre-Trial Adjudication*

BEFORE trial starts --> without prejudice

AFTER trial starts --> with prejudice, unless court finds good reason otherwise

Can dismiss for failure to prosecute, failure to abide by court rules, demurrers/motions to quash (ALL COURTS)

(CA ONLY) if case has not been brought to trial or defendant has not been served with process within two years of filing

Not broough to trial within 5 years of filing

Process not served within 3 years of filing

1) Def must be given notice of Def
2) Clerk can usually handle without judge
3) Cannot exceed amount in Complaint
4) Def may file a motion if improper service/notice (w/ affidavit to that effect)
--must be filed w/in a r/s time, but no later than 6 months after written notice of default or 2 years after entry of default

Deal w/ through a General Demurrer

1) No generial dispute as to a material fact
2) Defendant entitled to judgment by law