Buttler

This is an appeal from an order dismissing plaintiffs’ action for failure to bring the case to trial within five years of its commencement and from an order denying plaintiffs’ motion to vacate the order of dismissal. For the reasons set forth below, we reverse the dismissal order. We do not reach the order denying the motion to vacate.

Facts and Proceedings Below

On November 19, 1976, plaintiff Victor Buttler, his brother Donald, and their father Leroy filed suit against the defendants City of Los Angeles and eight of its police officers. Their complaint alleged that plaintiffs had been the victims of false arrest, false imprisonment, assault and battery by the defendant officers.

Plaintiffs began to prosecute their action in a diligent manner. One week after defendants answered the complaint plaintiffs filed their at-issue memorandum. Plaintiffs responded to interrogatories propounded by defendants in May 1977 and in August 1977 propounded their own interrogatories to defendant.

The superior court issued its first notice of eligibility to file a certificate of readiness in March 1979. By that time plaintiff Victor Buttler was on active duty in the United States Navy…