Smith v. El Centro Lodge No. 1325

BROWN (Gerald), P. J.

Harley George Smith appeals a judment dismissing his action for failure to prosecute the ease to trial within five years (Code Civ. Proc., § 583).

Chronology

July 6,

1962: Smith, as assignee of Lee J. Morgan Construction Co., Inc. filed suit against El Centro Lodge No. 1325, B.P.O.E. (Elks) for $3,718.08 due under a contract to construct a clubhouse building.

August 2,1962:

Elks filed its answer and a cross-complaint against Smith’s assignor for defective workmanship.

September 13, 1962:

Smith’s assignor answered the cross-complaint.

December 4,1962:

A pretrial hearing was held and trial was set for February 27, 1963.

February 25,1963:

The ease was placed on resetting calendar and reset for October 23, 1963.

October 23,1963:

The case was placed on the setting calendar for November 8, 1963. The record does not indicate what happened at the November 8, 1963 setting calendar.

August 4, 1964:

Smith filed an amended complaint joining new defendants including J. E. Dean, doing business as Jerry Dean Building Specialties. The Elks stipulated the amended complaint could be filed. Smith delayed 15 months providing" Dean with certain papers necessary in preparing his answer.

January 18, 1966:

Dean filed his answer and a cross-complaint.

[716]

July 5, 1966:

Smith and his assignor answered the Dean cross-complaint.

July

15,1966: Trial was set for February 1, 1967.