Lazelle

In this appeal from a judgment of dismissal, we are called on to decide whether the five-year period within which the action was required to be brought to trial was tolled while the case trailed on the civil active list and which version of Code of Civil Procedure section 1141.17 applies.

Susan P. Lazelle and Frank Mitchell (appellants) appeal from a judgment of dismissal entered against them and in favor of Clyde Wallace Lovelady and Five Star Trucking (respondents), as a result of appellants’ failure to bring the case to trial within five years from the date of the filing of the complaint, and from the denial of various postdismissal motions. Appellants contend the trial court abused its discretion in dismissing the action and in denying their motions.

We conclude the trial court did abuse its discretion in granting the motion to dismiss and in entering the judgment of dismissal; this finding obviates the need to discuss appellants’ other contentions.

Facts

On November 27, 1978, appellants filed a complaint against respondents and others alleging personal injuries and property damage suffered in an automobile accident in June 1978. Respondents answered on January 6,…