I respectfully dissent. I would affirm the judgment.
“Subdivision (a) [of § 583] places no restrictions on the exercise of the trial court’s discretion and it will be disturbed only in cases of manifest abuse. (Denham v. Superior Court (1970) 2 Cal.3d 557, 563-564 [86 Cal.Rptr. 65, 468 P.2d 193].)” (Sanborn v. Chronicle Pub. Co. (1976) 18 Cal.3d 406, 416-417 [134 Cal.Rptr. 402, 556 P.2d 764].)
In Corlett v. Gordon (1980) 106 Cal.App.3d 1005 [165 Cal.Rptr. 524], the court stated at pages 1015-1016: “It has been aptly remarked that ‘[t]he purpose of Code of Civil Procedure section 583 is dual: one is effectually the same as that of statutes of limitation—they are both statutes of repose, seeking to discourage stale claims “to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared.” [Citations.] Secondly, the dismissal section is designed to compel reasonable diligence in the prosecution of actions, thereby expediting the administration of justice.’ (Dunsmuir Masonic Temple v. Superior Court, supra, 12 Cal.App.3d 17, 22-23 [90 Cal.Rptr. 405].)”
I cannot conclude from the total record which was before the trial court that it ignored rule 203.5 of the California Rules of Court. I as*1071sume the Court ruled with rule 203.5 in mind. I am aware of no legal authority that requires the trial court to spread upon the record a statement that he has considered the matter pursuant to rule 203.5. Nor is there any authority to my knowledge which requires the trial court to spread on the record complete reasons for his discussion.
I have reviewed the entire record on appeal as well as the superior court file ordered up pursuant to rule 12(a) of the Rules of Court and I cannot say that the trial court manifestly abused its discretion. To the contrary, the record on appeal, as augmented, amply supports the order of dismissal which the trial court had considered and reconsidered on two separate occasions.
Rule 203.5(e), specifically provides that in addition to affidavits and supporting data the court’s consideration shall include the entire court file.
Both the record on appeal and the augmented record discloses that the complaint, amongst other things, alleges that defendant Oringer who held himself out as a bail bondsman hired his personal attorney, Gerald M. Persion, to represent plaintiffs husband, Harry T. Tannatt, in a criminal case; that on April 16, 1976, plaintiff met in the offices of Vic Nardoni Bail Bonds to get her $30,000 back and that present at the meeting were two individuals from the Nardoni office, Irving Glasser, Joseph Joblin, Oringer and attorney Gerald M. Persion.
While a discretionary dismissal pursuant to section 583, subdivision (a), is not based on factual determinations of the issues raised by the pleadings, the answer filed by defendants Associated Bond, National Auto, and Joblin, has attached to it as exhibit A a copy of “Receipt for Collateral Deposited” No. 27042 dated February 24, 1976, in the sum, of $30,000. At the bottom of this document is a portion entitled “Receipt for Return of Collateral” dated “4-16-’76.” Printed below the date is “The above-described bond having been exonerated, the return of the collateral deposited is requested, and receipt of same is hereby acknowledged.” Following this is a bracketed portion written in by pen and initialed “S.J.T.” (presumably the plaintiff herein) stating: “This authorize [sic] and instruct [sic] you to issue the check made payable to the order of Harry Oringer to whom this collateral is assigned and transferred.” Under the above there appears in two places the signature of “Sylvia J. Tannatt” as “Depositor.”
*1072Also attached as exhibit B to the foregoing answer on a sheet of paper bearing “Vic Nardoni Bail Bonds” letterhead and dated April 16, 1976, is the following: “This will acknowledge receipt from Associated Bond and Insurance Agency of check No. 1741 for thirty thousand dollars ($30,000.00) payable to the order of Harry Oringer, in return of the cash collateral in the amount of thirty thousand dollars ($30,000.00) on the bail bond for Harry Tucker Tannatt.” This document was signed by Harry Oringer. Plaintiff Sylvia J. Tannatt signed as a “witness.”
What we have here is a plaintiff who elected to proceed against the first named defendant, Oringer, only and did not give notice of the pendency of the action or effect service on the defendants herein for about 3 years (over 35 months) after filing the complaint and the case was at a complete standstill during that period as to the defendants herein, Joblin, Associated Bond and National Auto. No “at-issue” memorandum was ever filed even after the defendants herein had filed their motions to dismiss. No discovery of any kind had ever been undertaken against defendants by plaintiff and defendants were not afforded the opportunity to engage in discovery during that time period because they had not been served.
The sole reason that plaintiff gives for her delay was her decision to pursue her claim against the first named defendant and only after she had perfected her claim against Oringer and was unable to recover from him because he was judgment proof did she turn to the defendants herein. Proceeding against one party defendant to judgment in an action against multiple defendants does not constitute due diligence or an excuse for failing to serve and proceed against other defendants. (Anderson v. Nawa (1914) 25 Cal.App. 151 [143 P. 55].)
The majority opinion’s statement that “Plaintiff’s forebearance from prosecuting the other defendants was neither capricious nor unreasonable” is not persuasive. The lack of capriciousness is not the test. The trial court’s finding of lack of due diligence on the part of plaintiff implies also a finding of lack of reasonableness.
Nor does a mistaken belief of plaintiff’s counsel that the discretionary two-year period of section 583, subdivision (a), does not start to run until service constitute an acceptable “excuse” for lack of due diligence.
*1073The augmented record shows that attorney Persion, a percipient witness to what transpired at the meeting on April 16, 1976, died on October 7, 1979, during the period the instant case was in limbo by reason of the plaintiff’s inaction. The unavailability of vital witness Persion for discovery purposes or testimony as to what transpired at the April 16 meeting and to the relationship between Oringer, attorney Persion, plaintiff’s husband and plaintiff, and the defendants herein undoubtedly constituted undue prejudice to the defendant’s case.
Plaintiff’s counsel at oral argument before this court argued that the statute of limitations had not run at the time the trial court ruled on defendants’ motion to dismiss, implying that she could have dismissed the instant action without prejudice and filed a new action against these defendants.
However, the fact remains that it is the instant court case, number C 196109, which was before the trial court and no other.
In conclusion, I cannot say from the total augmented record that the trial court ignored rule 203.5(e), or manifestly abused its discretion or improperly concluded expressly or by implication that plaintiff did not exercise reasonable diligence in prosecuting her action as against the defendants herein and that the defendants have suffered undue prejudice by reason of such delay.
I would affirm the judgment (order of dismissal).
Respondents’ petition for a hearing by the Supreme Court was denied June 16, 1982.