Gordon

This appeal by some defendants in an eminent domain action is from a superior court order which (1) denied such defendants’ “Motion for Entry of Judgment of Dismissal” and (2) denied defendants’ motion for “Attorneys Fees Upon Abandonment.”

The record on this appeal consists of a clerk’s transcript. It discloses that appealing defendants were 2 of 88 individually named defendants in an action in eminent domain which was brought to condemn 34 parcels of property for flood control and public road purposes. Plaintiff’s complaint was filed January 19, 1966; defendants’ answer was filed February 14, 1967. On May 19, 1971, plaintiff filed its request for a pretrial hearing; the hearing was set for July 1, 1971. On the latter date the parties appeared, the trial court’s minute order reading, in part: “Counsel for defendants Gordon raise the issue of applicability of Section 583 CCP. in re mandatory dismissal due to failure to have the matter to trial within five years after the complaint was filed and indicates that his client will not stipulate to extend the time for said trial. Counsel for plaintiff urges that the matter proceed .... The Court finds . . . that pursuant to the…