Tiholiz

Petitioner is the defendant and real parties in interest (RPIs) are the plaintiffs in action No. NWC 50691 now pending in respondent superior court (pending action). Petitioner requests this court to mandate respondent court to dismiss the pending action because the record shows without dispute that RPIs did not as required by the settled construction of Code of Civil Procedure sections 583, subdivision (b) or 583, subdivision (c) 1 bring the pending action to trial before the expiration of the time fixed by either section.

In pertinent part section 583, subdivision (b) mandates a trial court to dismiss an action .unless such action is brought to trial within *203 five years after the plaintiff has filed his action....” Section 583, subdivision (c) extends the five-year period in the event there has been a trial and a new trial is granted and no appeal is taken for three years “. .. after the entry of the order granting a new trial. ...”

Respondent court based its denial of petitioner’s motion to dismiss on a new interpretation of section 583, subdivision (c) as announced in the current case of Briley v. Sukoff (1979) 98 Cal.App.3d 405, 408-410 [ 159 Cal.Rptr. 452…