In People v. Massey (2000) 79 Cal.App.4th 204, the magistrate granted the defendant's motion to dismiss pursuant to section 1387.1. The prosecution filed an unsuccessful motion to reinstate the complaint in superior court. On appeal, the prosecution argued the magistrate misinterpreted the term "excusable neglect" by requiring the prosecution to prove actual neglect or error. The appellate court agreed. "The 'neglect' under section 1387.1 was the failure of the People to have the witnesses in court on the date set for the first trial. This neglect was 'excusable' because reasonable efforts had been made to secure the witnesses' attendance." (People v. Massey, supra, 79 Cal.App.4th at p. 211.) " 'If the police and prosecution had done all that could be reasonably expected to locate their witnesses and get them to court, and yet not succeeded, then, so far as concerns the construction of section 1387.1, their failure should still be labeled excusable neglect, despite the absence of any actual neglect, as commonly understood to include an element of carelessness or lack of sufficient regard or effort.' " (Ibid.)