Ferk

Introduction

Polly Ferk appeals a judgment of the Lake County Superior Court dismissing her action for injunctive relief and damages to real property. She contends the court abused its discretion in granting the dismissal for failure to prosecute within five years. (Code Civ. Proc., §§ 583.310-583.360.)

*272 Statement of the Case/Facts

On June 3, 1982, LeRoy and Polly Ferk (husband and wife) filed a complaint for injunctive relief and for damages to real property owned by the Ferks in joint tenancy. 1 The complaint alleged defendants interfered with the natural drainage thereby causing erosion to Ferks’ real property. On April 13, 1983, a first amended complaint was filed and was served on defendant Lake County (the County). The County answered on May 13, 1983; all other defendants answered by June 21, 1983. A cross-complaint was filed by defendants Harlan O. Bowen and Eunice Bowen on June 21, 1983. Individual defendants answered the cross-complaint in July 1983. A separate cross-complaint was filed against the County alone in January 1984. No answer was filed by the County. During the five years after June 3, 1982, no Memorandum That Civil Case Is At-issue was filed…