Hoffman

This is an appeal from a judgment dismissing plaintiff’s action for failure to bring it to trial within five years under the provisions of former Code of Civil Procedure section 583, subdivision (b).

Facts

The chronology of significant events in this case begins on August 8, 1978, when plaintiff filed his complaint for personal injuries.

On December 26, 1979, he filed an at-issue memorandum. Thereafter one defendant was dismissed from the action by summary judgment/motion on the pleadings.

On March 11, 1983, having received no response to his at-issue memorandum, plaintiff filed a motion to advance and specially set the case for trial which was granted and a mandatory settlement conference was set for July 15, 1983, with trial set for July 25, 1983.

At the mandatory settlement conference on July 15, 1983, both attorneys were jointly informed by a clerk of the court that no courtrooms would be available on the trial date, July 25, 1983, and that the matter would trail on the calendar to await an open courtroom. Plaintiff in his brief alleges that the clerk further advised both sides that the Riverside Superior Court “ . . had abrogated the five-year statute for May…