Diverco Constructors, Inc. v. Wilstein

Opinion

DUNN, J.

This is an appeal from an order dismissing an action for want of prosecution, granted on respondents’ motion pursuant to the discretionary provisions of Code of Civil Procedure, section 583. The action named numerous defendants; the dismissal was granted as to the moving parties (respondents herein), only.

On October 8, 1963 appellant corporation filed its complaint to foreclose mechanics’ liens and for money allegedly due. Service of the summons and complaint was effected on various defendants, including respondents, January 6 and 7, 1964. On April 1, 1964, respondents filed a…