Hartman

Plaintiff appeals from a judgment of dismissal and from an order granting defendant’s motion for mistrial. The latter order is nonappealable but may be reviewed on appeal from the judgment. (Reimer v. Firpo (1949) 94 Cal.App.2d 798, 801-802 [ 212 P.2d 23 ].)

The complaint to recover damages for personal injuries allegedly sustained on October 8, 1960, as a result of the *780 negligence of defendant Gordon H. Ball, Inc., was filed on October 6,1961.

Defendant was served on September 29, 1964, and filed its .answer on October 27, 1964. On September 7, 1966, plaintiff filed a memorandum to set the case for trial and a motion to advance the pretrial conference and trial date on the ground that the five-year period within which the action was required to be brought to trial under Code of Civil Procedure, section 583, was about to expire. On September 12, 1966, the court scheduled the pretrial conference for September 16, 1966, and the trial for September 20, 1966. However, defendant’s counsel subsequently advised the court that he would be engaged in another trial on the date set and filed a stipulation extending the five-year period within which the action was required to be brought…