Wilcox

This is an appeal by Slater Wilcox (appellant) from a judgment in favor of Gregory E. Ford (respondent) upon dismissal of appellant’s action for his failure to have brought it to trial within five years. (Code Civ. Proc., § 583.310.)

This action arises out of an automobile accident that occurred on May 9, 1981. Appellant’s complaint was filed on March 5, 1982. The matter was arbitrated, resulting in an award to appellant. Respondent moved for a trial de novo and the case was set for trial on July 25, 1986. On that date, respondent’s attorney appeared and, at appellant’s behest, sought to continue the trial.

The trial was continued to November 14, 1986. There was no appearance by either side. Respondent’s attorney was to give notice to appellant of the new trial date but neglected to do so. Originally, appellant’s attorney admitted that he knew of the November date and had delegated an associate, Ray Dennenberg, to appear. Subsequently, a different member of the firm of appellant’s attorneys filed a declaration which sought to retract this admission. In any event, neither Dennenberg nor respondent’s attorney appeared for trial. The matter was dropped from the civil…