Ladd

I. Introduction

Plaintiff Douglas Ladd (plaintiff) appeals from an order of dismissal for failure to serve process within two years. (Code Civ. Proc., § 583.420, subd. (a)(1).) The court initially granted the discretionary dismissal motion. Plaintiff filed a reconsideration motion. (§ 1008, subd. (a).) The court granted the reconsideration request and, upon reconsideration, once again granted the dismissal motion. We conclude that the trial court acted within its discretion in granting the initial dismissal motion heard on October 9, 1989, and in granting the reconsideration request. Those orders are affirmed. However, because we determine that after granting the reconsideration request on November 14, 1989, the trial court did not exercise its discretion, we reverse the dismissal order of November 14, 1989, and remand the case to the superior court with directions to exercise its discretion in ruling on the dismissal motion.

II. Issues on Appeal

Plaintiff contends the trial court abused its discretion in dismissing its complaint in that; 1) the plaintiff made an adequate showing that the delay in service was excusable; 2) there was no actual prejudice to the…