Sakhai

In the summer of 2003, appellants Moris Sakhai and Nayer Azadegan filed suit against several defendants alleging claims for trespass and negligence. By the spring of 2008, appellants had not brought the case to trial. The trial court, on its own motion, dismissed the case for delay in prosecution under Code of Civil Procedure section 583.410 et seq. The court later denied appellants’ motion to set aside the dismissal under section 473, subdivision (b) due to attorney mistake, inadvertence, surprise, or excusable neglect. Appellants contend the trial court’s orders were in error and an abuse of discretion. In the published portion of this opinion, we conclude the trial court gave proper notice of its order to show cause as to why the case should not be dismissed for delay in prosecution, in accordance with rule 3.1340(b). We modify the trial court’s order of dismissal to one without prejudice, and otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 2000, appellants were leasing an apartment on Wilshire Boulevard. According to appellants, a water pipe burst in the building, causing flooding and damage to appellants’ property. In June 2003, appellants filed suit against…