California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 8 — Of the Trial and Judgment in Civil Actions, Chapter 1.5 — Dismissal for Delay in Prosecution, Article 3 — Mandatory Time for Bringing Action to Trial or New Trial, Section 583.320
(a) If a new trial is granted in the action the action shall again be brought to trial within the following times:
(1) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of the court declaring the mistrial or the disagreement of the jury is entered.
(2) If after judgment a new trial is granted and no appeal is taken, within three years after the order granting the new trial is entered.
(3) If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within three years after the remittitur is filed by the clerk of the trial court.
(b) Nothing in this section requires that an action again be brought to trial before expiration of the time prescribed in Section 583.310.
Notes
Requires an action receiving a new trial to be tried again within three years after the applicable event: a mistrial or jury disagreement, an unappealed new-trial order after judgment, or filing of the remittitur after appellate affirmance of a new-trial order or reversal and remand. It does not require retrial before the otherwise prescribed trial deadline expires.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 583.320 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-1-5/article-3/section-583-320