In Denham v. Superior Court (1970) 2 Cal.3d 557, a motion to dismiss for lack of prosecution under the discretionary statute was denied. Plaintiff's showing of excuse was predicated on changes in plaintiff's law firm: two members had been appointed to judicial positions and the entire burden of the busy office fell on an elderly member of the firm who relied on a mistaken oral statement of one prior firm member that a memorandum to set had been filed. In upholding the trial court's refusal to dismiss, the court stated: "The statute places no restrictions on the exercise of the trial court's discretion, and in particular there is no requirement that the motion to dismiss 'must' be granted unless opposed by an adequate showing of diligence or excuse for delay." ( Id. at p. 563.)