Inman

Plaintiff appeals from judgment of dismissal entered upon defendant’s motion,- after the court conditionally granted plaintiff’s request for a continuance of trial and he declined to accept the condition. It is contended that the trial court abused its discretion in imposing the condition that plaintiff pay Sutter County’s expenditures for the entire jury panel summoned.

This action was initiated by a complaint for damages for medical malpractice filed by plaintiff in propria persona on May 24, 1972. Defendant answered on August 15, 1972. On September 13, 1972, plaintiff substituted the law firm of R. Jay Engel of San Francisco for himself in propria persona. An at issue memorandum was filed by substituted counsel on that day. On February 7, 1973, the matter was set for pretrial on June 5 and for trial on June 12-15. On June 7, 1973, a stipulation was filed agreeing to continue the trial date and the court *171 ordered the matter dropped to be reset. Pretrial conference was had as scheduled, and October 30, 1973, was fixed as the new date for trial.

On September 26, plaintiff filed a second substitution of attorneys, returning himself to the status of a pro. per.…