§ 1773.Dismissal of Action - Failure to File Pleadings Or Serve Process

Section 1773 clears stalled small claims cases off the docket. Any action that isn't at issue, where no pleading has been filed or other action taken for a year, and no motion has been pending during any part of that year, gets dismissed without prejudice by the court on its own motion, after notice to the parties or their attorneys of record. A party can head that off with a written application showing good cause to keep the case on the docket.

Separately, if the defendant isn't served within 180 days after the affidavit is filed, the action is deemed dismissed without prejudice as to that defendant. That deadline doesn't apply, though, if a summons was served within the 180 days and a court later finds the summons or its service invalid -- in that case, a new summons may be served within whatever time the judge specifies, and only missing that new deadline triggers dismissal. The 180-day rule also doesn't apply to a defendant who has been in a foreign country for the 180 days following the affidavit's filing.