Bruns

Code of Civil Procedure section 583.310, 1 which governs the action plaintiff Dana Bruns brought against defendants E-Commerce Exchange, Inc., et al., requires an action “be brought to trial within five years after the action is commenced against the defendant.” Otherwise, dismissal of the action is “mandatory and . . . not subject to extension, excuse, or exception except as expressly provided by statute.” (§ 583.360, subd. (b).) In this case, we must constme two statutory exclusions to the five-year period, specifically those stated in section 583.340, subdivisions (b) and (c).

First, in computing the time within which an action must be brought to trial, courts must exclude the time during which “[pjrosecution or trial of the action was stayed or enjoined.” (§ 583.340(b).) During the nearly seven years that plaintiff’s case was pending before it was dismissed, the trial court ordered stays of all the proceedings in plaintiff’s action, as well as partial stays, such as stays of discovery and other specific proceedings. We first address whether a stay of the “prosecution” of the action under section 583.340(b) includes a stay of specific proceedings, such as a stay of…