Landry v. Berryessa Union School District

Opinion

ELIA, J.

In this action for assault and battery and negligence, the trial court denied the minor plaintiffs’ request for trial preference (Code Civ. Proc., § 36, subd. (b)) and granted defendant school district’s motion to dismiss for delay in prosecution. (Code Civ. Proc., §§ 583.410, 583.420.) Plaintiffs appeal, contending their statutory entitlement to trial preference overrides the court’s discretion to dismiss the action for delay in prosecution. Alternatively, they argue the court abused its discretion in dismissing their case and in denying their motion for reconsideration.…