Cordova

—This is an appeal from judgment dismissing an action, on the court’s own motion, for delay in prosecution. (Code Civ. Proc., §§ 583.410, 583.420.)

Facts

On August 6, 1982, plaintiff filed a complaint against defendant seeking damages for personal injuries allegedly sustained when plaintiff slipped and fell in defendant’s market. On May 21, 1985, defendant filed its answer to the complaint. On June 19, 1986, an at-issue memorandum was filed wherein plaintiff estimated 10 days would be necessary for trial and requested a jury. Trial was set for January 8, 1987. Harris Himes, of the law firm Himes & Carlson, was plaintiff’s trial attorney. On December 8, 1986, the date of the mandatory settlement conference, Mr. Himes was on active duty with the United States Marine Corps in West Germany. Accordingly, his law partner Robert Carlson appeared for plaintiff at the mandatory settlement conference. There, counsel was provided for the first time with the medical report of Dr. Michael Abdalla, who had conducted a defense medical examination of plaintiff in October 1986. The settlement conference was unsuccessful. On December 9, 1986, the day following the conference, Carlson…