Jordan

Plaintiffs Michael Jordan and Mohammed Baghalzadeh (plaintiffs) appeal from a judgment dismissing their action against defendants Superstar Sandcars, Mark Martin, Ariel Verna, and Frank Yegge (defendants) for failure to bring the action to trial within five years. (Code Civ. Proc., §§ 583.310, 583.360.) Plaintiffs contend the five-year period was tolled during two six-week periods, during which there was a moratorium on civil trials in the Riverside County Superior Court. Plaintiffs also argue the five-year period was tolled during a de facto moratorium on all but priority cases.

We conclude the trial court did not abuse its discretion in dismissing the case based on plaintiffs’ failure to try the case within five years. The judgment of dismissal is affirmed.

1. Facts and Procedural Background

On June 6, 2003, plaintiffs filed a complaint against defendants Superstar Sandcars, Mark Martin, and Ariel Verna for breach of contract, fraud, breach of warranties, and negligent repair, in connection with the sale of allegedly defective dune buggies. In September 2006, plaintiffs amended their complaint to add Frank Yegge as a defendant.

Defendants filed numerous demurrers…