Evans

This is an appeal from a March 16, 1981, order of dismissal under Code of Civil Procedure section 583, subdivision (b), because the matter had not been brought to trial within five years after it was filed. We affirm.

Facts

On February 3, 1975, appellant Marilyn Evans filed suit for personal injury damages against respondent City of Los Angeles and against doe defendants. The action grew out of activities alleged to have occurred at a city park on September 29, 1974. Respondent filed its answer on March 25, 1975.

The first trial date for the matter was August 29, 1978. Trial was continued to April 24, 1979, on motion of appellant. The reason appellant sought the continuance was to depose a man who, at the time of the incident at the park, was an employee of the city but who had later retired from city employment. Appellant had previously been unable to locate the witness. She indicated in her moving papers in support of the motion for continuance that her counsel had first learned at the settlement conference 19 days before, that the witness was receiving retirement checks from the city and that the city did have a current address for him.

On April 24, 1979, the…