Clinton

Appellant filed an action for damages against various parties, including Joshua Hendy Corp., respondent herein, on June 11, 1959, in the municipal court; the same was transferred to the superior court on September 8, 1959. Thereafter, plaintiff took no steps to bring the action to trial against Joshua Hendy Corp. until a certificate of readiness was filed in latter 1964. No further action having been taken in that regard, Joshua Hendy Corp. on February 3, 1965, filed its notice of motion to dismiss the complaint under the provisions of section 583, Code of Civil Procedure. On February 11, 1965, the motion was granted and the court entered its order dismissing the action as to “All Defendants” under section 583. Plaintiff appeals from the order.

Over three years before, in 1961, other named defendants in the same action—International Organization of Masters, Mates & Pilots, West Coast Local No. 90, and Captain Robert E. Durkin, moved the court for a dismissal for want of prosecution. The motion was granted dismissing the action “pursuant to the provisions of section 583 C.C.P.,” on October 20, 1961; accordingly, the suit was dismissed as to those defendants. Appellant took no…