I'm a Pro Se litigant seeking to vindicate my civil rights and much more. My case is set for trial, but almost all the Defendants were dismissed in an error plagued judge's order on the erroneous sustaining of 3 defendant's demurrers. (Defendant finally answered months after the demurrer issue was dealt with.) The Defense and the judges I encounter keep talking about delay in prosecution and want to destroy my case on that technicality. But I am not causing the delays. There were a few defendants that I did not serve, but they are hiding from me, judge dismissed them anyway. Case was filed just over a year ago. But now the interlocutory appeal -- what if that stays the case and I go over 2 years? Could L.A. Sup. Ct. judge dismiss my entire case even before trial? (Delay in prosecution.)
Your posting raises more questions than can be quickly answered. Have you already file a Notice of Appeal from the order dismissing the defendants? If not, is there still time for you to do so (you cannot wait until you have a judgment resulting from the trial to appeal the dismissal of the other defendants!) And, if you have already filed the appeal(s), has the judge granted a motion to stay the remainder of the case? (There is no automatic stay under these circumstances; you will need an order from the trial court or the Court of Appeal).
Finally, to answer your question - the time is tolled while an appeal is pending and prceedings are stayed. Further, if the case was filed a year ago, you have another year to go before facing the discretionary 2 year time limit for bringing a case to trial.
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No, not likely. In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. Since writs of mandate are discretionary remedies, such petitions are almost always denied.
Nor would a 2 year delay warrant a discretionary dismissal of the entire case if you are in Los Angeles Superior Court.
In California, a defendant can make a motion for discretionary dismissal due to a plaintiffs' failure to serve the summons and complaint within two years of the filing of an action. The trial court has broad discretion to dismiss an action for delay in prosecution if service has not been made within two years after the action is commenced against a defendant. (Code of Civil Procedure section 583.420(a)(1); Howard v. Thrifty Drug & Discount Stores (1995) 10 Cal.4th 424, 443.)
In ruling on a discretionary motion to dismiss, the court must consider the following matters: "(1) The court's file in the case and the declarations and supporting data submitted by the parties and, where applicable, the availability of the moving party and other essential parties for service of process; [¶] (2) The diligence in seeking to effect service of process; [¶] (3) The extent to which the parties engaged in any settlement negotiations or discussions; [¶] (4) The diligence of the parties in pursing discovery or other pretrial proceedings, including any extraordinary relief sought by either party; [¶] (5) The nature and complexity of the case; [¶] (6) The law applicable to the case, including the pendency of other litigation under a common set of facts or determinate of the legal or factual issues in the case; [¶] (7) The nature of any extensions of time or other delay attributable to either party; [¶] (8) The condition of the court's calendar and the availability of an earlier trial date if the matter was ready for trial; [¶] (9) Whether the interests of justice are best served by dismissal or trial of the case; and [¶] (10) Any other fact or circumstance relevant to a fair determination of the issue." (California Code of Civil Procedure section 583.410(b); California Rules of Court Rule 3.1342(e).)
What you'll need to eventually worry about is the 5 year mandatory dismissal rule:
http://www.attorneyqna.com/legal-guides/ugc/the-five-year-mandatory-dismissal-rule-in-california?ref=kb_serp_title_2
An action must be brought to trial within five years after it is commenced against the defendant. (Cal. Civ. Proc. Code § 583.310.) If not, dismissal is mandatory on motion of any party, or on the court's own motion. (Cal. Civ. Proc. Code § 583.360.)
To add to the excellent answers of the other attorneys, practically speaking, with the recent budget cuts for courts, especially in Los Angeles County, it will be very difficult for cases to be completed within two years.
