Wong

Norman Wong appeals an order dismissing his contract breach and reformation action for failure to prosecute. (Code Civ. Proc., § 583.410 et seq.) He also challenges the court’s award of attorney’s fees and sanctions to defendant E. Jan Davidian. We affirm.

1. Facts

Wong filed his complaint on February 8, 1982, and his first amended complaint three months later. Davidian responded with a general denial. Wong’s first at issue memorandum was filed in May 1983. In September *267 1983 he substituted in his present attorney. Thereafter the case slumbered for two years until September 1985 when Wong noticed a deposition.

In August 1986, four and one-half years after the action started, Davidian moved to dismiss the case under Code of Civil Procedure section 583.420, subdivision (a)(2)(A), for failure to prosecute within three years. Wong responded with a motion of his own to specially set the case for trial. At the motion hearing in September 1986, nobody appeared on Wong’s behalf. The hearing was continued to the following month, at which time the court granted Davidian’s motion to dismiss. In later hearings, Davidian was awarded attorney’s fees and sanctions.

Wong…

I join in part 4 of the majority opinion affirming the imposition of sanctions on Wong’s counsel. However I respectfully dissent from part 2. Because I would enforce the legislative policy favoring trial on the merits and return this case to the trial court for the setting of a trial date, I find it unnecessary to consider the attorney’s fees issue.

I begin with the observation that the Legislature has specifically stated “the policy favoring trial or other disposition of an action on the merits [is] generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action . . . .” (Code Civ. Proc., § 583.130.) This legislative direction was passed in 1984 in an apparent effort to head off the tendency of courts to use the dismissal statutes as a device to clear trial court calendars. The policy has been reaffirmed many times by our highest court. Recently in Shamblin v. Brattain (1988) 44 Cal.3d 474, 478 [ 243 Cal.Rptr. 902 , 749 P.2d 339 ] the Supreme Court reiterated the rule, saying, “It is the policy of the law to favor, whenever possible, a hearing on the merits. Appellate courts are much more disposed…