( Rouse v. Palmer, supra, 197 Cal.App.2d 666, 671; Abner Corp. v. Lushing (1963) 212 Cal.App.2d 597, 605-606 [ 28 Cal.Rptr. 207], and cases there cited.) See Boys Town USA, Inc. v. World Church (1963) 221 Cal.App.2d 468, 472 [ 34 Cal.Rptr. 498]. My review of the entire record convinces me that the trial judge exercised the requisite discretion well within the permissible limits of section 583 as interpreted by an ever growing number of appellate court decisions.
The state court judgment was appealed to the District Court of Appeals for the State of California and on October 23, 1963, was affirmed. 221 Cal.App.2d 468, 34 Cal.Rptr. 498. Petition for hearing by the Supreme Court was denied December 18, 1963. This action was filed in the United States District Court on February 26, 1964. It concerns the same property that was described in the prior state court action.