Nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel.
§ 583.140.Waiver and Estoppel Not Affected
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1.5. Dismissal for Delay in Prosecution · Article 1. Definitions and General Provisions · Enacted 1705 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 583.140 confirms that nothing in Chapter 1.5's dismissal-for-delay rules abrogates or otherwise affects the ordinary principles of waiver and estoppel.
Full Text of § 583.140
Plain-English Summary
This is a short but meaningful savings clause. Whatever deadlines and procedures Chapter 1.5 sets for dismissal, they don't wipe out the ordinary doctrines of waiver and estoppel that already apply in civil litigation.
In practice, that means a defendant's own conduct — for example, actively participating in delay, or representing that a deadline wouldn't be enforced — can still be raised against a dismissal motion on ordinary waiver or estoppel grounds, independent of anything this chapter says.
Frequently Asked Questions
Does this chapter eliminate waiver and estoppel arguments in a dismissal dispute?
No. Section 583.140 preserves those principles; the chapter's specific rules don't replace or limit them.
Why does this matter in a dismissal-for-delay motion?
Because a party's own conduct contributing to delay may still support a waiver or estoppel argument against dismissal, regardless of the chapter's specific deadlines.
Amendment History
Added by Stats. 1984, Ch. 1705, Sec. 5.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: waiver estoppel dismissal delay californiadoes five year rule waive estoppel california