Bergin

Plaintiffs appeal from judgment dismissing their action for delay in bringing it to trial.

On July 21, 1976, plaintiffs filed a complaint for specific performance of a contract to sell real property and damages for breach of that contract. On February 7, 1977, summary judgment was entered in favor of plaintiffs. On April 26, 1977, defendant filed a notice of appeal. The judgment was reversed and on May 12, 1978, remittitur was filed by the clerk of the trial court. On July 20, 1978, plaintiffs filed an at-issue memorandum. On May 21, 1981, counsel for the respective parties executed a stipulation/declaration in lieu of personal appearance at trial setting conference scheduled for June 4, 1981. On the latter date the court, guided by counsel’s availability as indicated in the stipulation/declaration, set the case for trial on November 24, 1981. On August 3, 1981, defendant moved to vacate the trial date and dismiss the action on the ground that plaintiffs had failed to bring it to trial either within five years after the complaint was filed or within three years after the remittitur was filed in the trial court following reversal of the summary judgment. (Code Civ. Proc.,…