Lane

Frank Lane and Yvonne Lane (appellants) appeal from the dismissal of their action for injunction, damages and inverse condemnation against Newport Building Corporation and Roland Land Company (respondents), pursuant to Code of Civil Procedure section 583, subdivision (b), which mandates dismissal of actions not brought to trial within five years after the complaint is filed.

The primary issue presented for our determination is whether, when one among multiple defendants had filed a petition in bankruptcy, the trial court properly granted the motion to dismiss (§ 583, subd. (b)) finding that it was not “impracticable” to bring the action to trial against the remaining defendants within the five-year statutory period. We conclude that dismissal was proper for the reasons discussed below, and, therefore, we affirm the dismissal order.

Facts and Procedural History

On January 16, 1979, appellants filed their original complaint for injunction and damages against respondents. The gravamen of the complaint was that respondents and the other named defendants had “caused to be constructed a drainage channel on the property of defendant Roland Land Company” which obstructed and…