Curtin

This is an appeal from a judgment of dismissal entered upon plaintiffs’ failure to bring the action to trial within three years. On appeal, plaintiffs argue that the trial court erred in granting the motion to dismiss when another judge had previously granted plaintiffs’ motion to advance and had set the case for trial. We agree and reverse.

Facts

In October 1983, plaintiffs Tim and Darlene Curtin purchased a used mobilehome from defendants Thomas and Patricia Koskey for $49,969. They soon discovered various defects in the mobilehome and on September 21, 1984, brought suit against the Koskeys and others (the Koskeys’ real estate agent and the manager of the mobilehome park) for breach of contract and fraud.

Plaintiffs were represented in the action by an attorney, Kenneth Kaplan. Mr. Kaplan advised plaintiffs to stop paying rent at the mobilehome park, and plaintiffs followed that advice. In 1984, the mobilehome park owner, Carlsberg Mobile Home Properties, Ltd., brought an unlawful detainer action, which was eventually resolved by a stipulated judgment against the Curtins for $4,800. Some time thereafter, before June 1985, the mobilehome was sold at a sheriff’s sale…