Youngblood

On October 8, 1965, a jury rendered a verdict for defendants in plaintiffs’ personal injury action. On November 10, 1965, the court made and entered an order granting the motion for new trial of plaintiff Thelma Youngblood (hereinafter, plaintiff).

Code of Civil Procedure, section 583, subdivision (b) provides in part as follows: “When ... a new trial [is] granted, [the] action shall be dismissed on motion . . . unless such action is brought to trial within three years after the entry of the order granting a new trial . . . .”

On November 7, 1966, plaintiff filed a memorandum for setting for retrial, the filing allegedly having been delayed because during the interim plaintiff was attempting to get the trial bifurcated, secure permission to amend the pretrial order, and take an additional deposition, the Rules *535 of Court (rule 206) prohibiting the filing of such a memorandum until discovery proceedings had been completed. The court set March 7, 1967, as the time for commencement of the retrial. A week before that date plaintiff notified her counsel that her doctor would not permit her to attend trial. On March 7, 1967, a motion for continuance by plaintiff’s counsel,…