Meraia v. McCann

In Meraia v. McCann (1978) 83 Cal.App.3d 239, plaintiffs granted defendants open-ended extensions of time in which to file responsive pleadings subject to a 10-day written notice. No action was taken until four years later, at which time plaintiffs' attorney requested answers to be filed. However, defendants' motion to dismiss was granted. In reversing, the court concluded "that defendants may not rely upon any lack of diligence on the part of plaintiffs prior to the termination of the open-ended extension of time to plead. No substantial time elapsed from the time such notice was given until the case was dismissed; consequently, it was an abuse of discretion to dismiss the case." ( Meraia v. McCann, supra, 83 Cal.App.3d 239, at p. 246.)