Dockery

James A. Dockery (plaintiff) appeals from an order of dismissal of his complaint, contending that the trial court abused its discretion by ordering dismissal pursuant to Code of Civil Procedure section 583, subdivision (a), and by denying relief from default under section 473. We reverse on the ground that the trial court failed to consider all the pertinent factors prior to the order of dismissal.

Plaintiff commenced an action for libel on March 18, 1980. On December 15, 1983, the court sent a notice of trial setting conference to plaintiff’s counsel, stating that the conference was scheduled on February 9, 1984. Plaintiff’s counsel received the notice on December 19, 1983, and immediately served notice on the defendant.

Plaintiff’s counsel failed to appear at the February 9th trial setting conference, and the trial court dismissed the action.

Two and one-half months later, appellant’s counsel moved for relief from default pursuant to section 473. Counsel explained he had been unable to appear at the trial setting conference because he was concentrating on his final argument in an unexpectedly long jury trial in another courtroom and could not “be in two places at the…