Campanella

Plaintiffs Rose Campanella and Maria Reid Campanella appeal from a judgment (order) of dismissal entered pursuant to Code of Civil Procedure section 583, subdivision (b), in favor of defendants on the ground that plaintiffs failed to bring the case to trial within five years from the date of the filing of the complaint.

In this appeal we are called upon to determine whether the trial court properly granted the motion to dismiss (§ 583, subd. (b)), following its denial of the plaintiffs’ motion to specially set the case for trial and its denial of the motion of each named defendant to dismiss pursuant to section 583, subdivision (a). For reasons to follow, we have concluded that the trial court erred in granting the motion.

Facts

On January 23, 1978, plaintiffs filed a complaint seeking damages against defendants Hirou Takaoka (Takaoka) and Norio Utsunomiya (Utsunomiya) for personal injuries, wrongful death and property damages.

On February 23, 1979, plaintiffs served Takaoka with a copy of the complaint and, thereafter, on February 27, 1979, served Utsunomiya. More than a year later, Utsunomiya answered the complaint on March 21, 1980, and Takaoka answered the…