Kunzler

Plaintiff appeals from an order dismissing his action for want of prosecution in failing to bring the action to trial within two years after the complaint was filed.

The initial complaint was filed in propria persona against defendants for fraud and conversion on March 4, 1974. After demurrers by defendant Karde and other defendants were sustained, plaintiff secured counsel and filed an amended complaint on September 3, 1974. Demurrers and motions to strike were again filed by some of the defendants which were overruled. The last answer by any defendant was filed in August 1976. The action then slumbered until plaintiff filed a motion to advance on January 5, 1979. The declaration in support of the motion averred, without factual detail, that plaintiff “has heretofore been prevented from bringing this action to trial through mistake, inadvertence and excusable neglect.” The motion was opposed by several defendants.

At a January 15, 1979, hearing the trial court granted the motion, set the action for trial on February 27, 1979, and on its own motion set a hearing to dismiss the action for failure to prosecute for February 13, 1979. After the hearing the court dismissed…