Clements v. Ragghianti (1957) 155 Cal.App.2d 188, was a case in which the plaintiffs were present and prepared to go to trial on the crucial date. Counsel for one of the defendants moved for a nonsuit, and the court suggested the parties brief the question of whether evidence could be introduced against that defendant under the pleadings. Plaintiffs' attorney requested permission to proceed at least to the point of calling a witness and presenting some testimony because there was insufficient time to brief the question presented before the five-year statute would run. The court erroneously denied permission to proceed. Thereafter the action was dismissed for failure to bring it to trial within the five-year period. In reversing, the appellate court cited the Miller & Lux dictum. ( Id. , at p. 191.) However, the plaintiffs were prepared to go to trial, wanted to go to trial and were prevented from presenting testimony only by the erroneous ruling of the court. Under these circumstances, the decision of the appellate court was manifestly correct.