What are the implications of a judgment of dismissal for failure to prosecute in a motion for preferential trial setting?

Plaintiffs rely on two cases. Curtin v. Koskey (1991) 231 Cal.App.3d 873, 282 Cal.Rptr. 706 (Curtin ) involved a judgment of dismissal for failure to prosecute, which the trial court granted only weeks after another judge in the same court granted the plaintiffs' request for preferential trial setting. The appellate court reversed, noting that the considerations in a motion for preferential trial setting are the same as

[203 Cal.Rptr.3d 193]