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p0312 REVIEW DENIED When a defendant's motion for discretionary dismissal on the ground that the action was not brought to trial within two years is heard in conjunction with plaintiff's motion to specially set a case for trial to avoid application of the three-year mandatory dismissal statute, plaintiff should be aware that the issue will arise and may be deemed to have waived the 45-day notice requirement.CitationELICECHE v FEDERAL LANDBANK (Short Notice) 103 CA4 1349 [See: CCP 583.410, 1005; RofCt 373; Nye v 20th Cent 225 CA3 1041]
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