(a) In a proceeding for dismissal of an action pursuant to this article for delay in prosecution the court in its discretion may require as a condition of granting or denial of dismissal that the parties comply with such terms as appear to the court proper to effectuate substantial justice.
§ 583.430.Compliance With Terms As Condition of Granting Or Denying Dismissal
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1.5. Dismissal for Delay in Prosecution · Article 4. Discretionary Dismissal for Delay · Enacted 1705 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 583.430 lets a court, in a proceeding to dismiss for delay in prosecution, condition its grant or denial of dismissal on the parties complying with terms the court finds proper to effectuate substantial justice, and lets the court make any order necessary to carry out that authority, including provisional or conditional orders.
Full Text of § 583.430
(b) The court may make any order necessary to effectuate the authority provided in this section, including, but not limited to, provisional and conditional orders.
Plain-English Summary
Discretionary dismissal doesn't have to be an all-or-nothing ruling. This section lets the court attach conditions to either outcome — granting dismissal or denying it — requiring the parties to comply with whatever terms the court finds proper to bring about substantial justice in the case.
To back that authority up, the court can make any order necessary to carry it out, including provisional and conditional orders. That gives a court handling a discretionary dismissal motion room to fashion a middle path — for instance, denying dismissal on the condition that the plaintiff take specified steps to move the case forward, rather than granting or denying the motion outright.
Frequently Asked Questions
Can a court attach conditions when granting or denying a discretionary dismissal motion?
Yes, § 583.430 lets the court require the parties to comply with terms it finds proper to effectuate substantial justice, whether dismissal is granted or denied.
What kinds of orders can the court make to support this authority?
Any order necessary to effectuate it, including provisional and conditional orders.
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: conditions granting discretionary dismissal californiaterms substantial justice dismissal motion california