Troupe

Plaintiff Tyler Troupe appeals from an order dismissing his action for failing to bring it to trial within two years after filing the complaint. (Code Civ. Proc., § 583, subd. (a).) He contends the trial court erred in denying his motion to advance the matter for trial and granting the defendants’ motion to dismiss. Specifically, he argues the court failed to follow the guidelines governing discretionary dismissals contained in the California Rules of Court, and further erred in dismissing the action without a showing of prejudice.

Troupe, Lee Courtney, Sr., and Roger and Don Eickoff formed a partnership in May of 1978 to operate a waste burning service. The Eickoffs contributed capital, Courtney contributed personal services for the daily operation of the business and Troupe contributed a mobile incinerator, which was stored on the Eickoifs’ property. The business was abandoned in November of the same year and Lee Courtney, Sr., died soon thereafter. Troupe purportedly purchased the incinerator but was unsuccessful in taking possession and filed an action to recover the incinerator as well as money damages and an accounting.

The complaint was filed June 1, 1979.…