Karubian

Plaintiffs in an action for negligent damage to real property appeal from a judgment entered pursuant to Code of Civil Procedure section 583, subdivision (b) for failure to bring the matter to trial within five years after the filing of the complaint. We affirm.

The judgment of dismissal followed the trial court’s denial of plaintiffs’ motion, pursuant to then rule 225 of the California Rules of Court, to specially set the matter for trial, which motion was noticed just 40 days prior to the expiration of the 5-year period.

Plaintiffs, claiming to have proceeded diligently in preparing the case for trial within the five-year period, argue that the trial court abused its discretion in denying their motion to specially set.

Central to plaintiffs’ claim is the contention that the failure of the clerk of the Los Angeles County Superior Court (clerk) to perform a duty enjoined upon him by the California Rules of Court made it impossible for plaintiffs to bring the matter to trial at an earlier time.

The complaint in this action was filed September 24, 1975. Plaintiffs’ then counsel filed an “at-issue memorandum” on December 31, 1976.

On February 18, 1977, another law firm…