Meraia

Plaintiffs Tzevair Meraia and Vasil Thingili have appealed from the dismissal of their action to recover $15,000 damages against Fairy A. McCann and James R. Murphy for conspiracy to induce a breach of contract and interference with contract. Dismissals were ordered pursuant to Code of Civil Procedure section 583, subdivision (a), for want of diligent prosecution.

The record indicates the following chronology of events; the complaint was filed on December 21, 1972, and service upon defendants was effected on December 30, 1972, and January 2, 1973. Defendants’ demurrers were sustained and an amended complaint was filed February 9, 1973. Service of the amended complaint was made upon defendant Murphy on the same date and upon defendant McCann on February 23, 1973. Counsel for both defendants confirmed open-ended extensions of time within which to file responsive pleadings. The letter from counsel for defendant McCann, dated March 30, 1973, read as follows:

The letter from counsel for defendant Murphy, dated February 15, 1973, read as follows:

No further activity was undertaken by any of the parties to the action until February 16, 1977, at which time plaintiffs’ attorney…