Gray

In this appeal from orders (judgments) of dismissal for the failure of plaintiffs Robert F. and Patricia W. Gray (the Grays) to bring their action to trial within the statutory five-year period, we are asked to determine on what date the five-year period prescribed by the 1984-enacted Code of Civil Procedure sections 583.310 and 583.360 starts to run: when the action is originally filed, or when the action is “commenced” against individual defendants. The trial court determined dismissal was mandated if the action was not brought to trial within five years of its original commencement. We conclude this determination under the new five-year dismissal statute was erroneous and shall reverse.

Factual and Procedural History

On November 19, 1981, the Grays filed a complaint to rescind certain contracts entered into between themselves and defendants Gary Dale Plowman (Plowman) and Resort Development, Inc. (Resort Development). Plowman and Resort Development answered.

On February 4, 1983, pursuant to a stipulation with Plowman and Resort Development, the Grays filed a first amended complaint again naming as defendants Plowman and Resort Development and seeking in the causes…