Taylor

Dale C. Taylor, plaintiff, has appealed from a judgment dismissing his action based upon the granting of a motion to dismiss under Code of Civil Procedure section 581a.

*848 In granting the motion, the court specified the ruling was not based upon Code of Civil Procedure section 583, subdivision (b), the provisions of which also were urged as a ground of the motion.

The action was filed on October 20, 1966, for personal injuries alleged to have been caused by a collision on March 2, 1966, in San Diego County, between two automobiles, in one of which plaintiff was a passenger, which was being operated with the consent of Richard Allen Hizer, the owner thereof.

Summons was issued on October 20, 1966.

On December 9,1971, Hizer’s answer was filed.

On December 13, 1971, Hizer’s motion to dismiss was filed based upon Code of Civil Procedure sections 581a and 583, subdivision (b).

At the time the action was filed, Code of Civil Procedure section 581a so far as relevant provided: “[A]ll actions heretofore or hereafter commenced must be dismissed by the court in which the same shall have been commenced, on its own motion, or on the motion of any party interested therein,…