A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion. The filing of the notice of motion must not preclude the opposing party from further prosecution of the case to bring it to trial.
Within 15 days after service of the notice of motion, the opposing party may serve and file a written opposition. The failure of the opposing party to serve and file a written opposition may be construed by the court as an admission that the motion is meritorious, and the court may grant the motion without a hearing on the merits.
Within 15 days after service of the written opposition, if any, the moving party may serve and file a response.
Within five days after service of the response, if any, the opposing party may serve and file a reply.
In ruling on the motion, the court must consider all matters relevant to a proper determination of the motion, including:
The count must be guided by the policies set forth in Code of Civil Procedure section 583.130.
The court may grant or deny the motion or, where the facts warrant, the court may continue or defer its ruling on the matter pending performance by either party of any conditions relating to trial or dismissal of the case that may be required by the court to effectuate substantial justice.
Cal. R. Ct. 3.1342