Moore

In an action seeking damages for legal malpractice and conspiracy, plaintiff appeals from a judgment of dismissal. The court below ordered the dismissal after ruling that plaintiff had failed to bring the action to trial within five years, as required by Code of Civil Procedure section 583, subdivision (b). Plaintiff’s contention is that the five-year period was tolled by a change of venue.

Plaintiff filed the action in Ventura County Superior Court in July 1971. None of the defendants were served until February 1973. In February and March of 1973 all defendants moved for change of venue to Riverside County, alleging that all defendants resided in Riverside County and all events pertinent to the action had occurred there. The motion was granted on March 30, 1973. The transfer of the action to Riverside County was not completed until December 1973, however, because the transfer fees were not paid until that date. The transfer fees were paid by plaintiff.

The motion to dismiss the action for failure to bring it to trial within five years was heard and granted in August 1976.

As stated above, the action was filed in July 1971 and dismissed in August 1976. Thus more than…