In Kadota v. City & County of S. F. (1958) 166 Cal.App.2d 194, the complaint was filed on September 11, 1951. The time of the trial was extended by written stipulation until May 11, 1957. On May 9, 1957, a jury was impaneled and sworn. On the following day, which was a Friday, plaintiff's counsel stated that he was ill and requested a continuance. The matter was continued to May 13, 1957, at which time defendant moved for dismissal under the mandatory dismissal provision of section 583. The trial court granted the motion. The Court of Appeal reversed, stating: "Our Supreme Court in Silcox v. Lang , 78 Cal. 118, said: 'The impaneling of a jury is a part of the trial , within the meaning of the code, and any ruling of the court with respect thereto, if erroneous, is an error of law occurring at the trial . . . ' This case was decided in 1889 and section 583 was not adopted until 1905. . . . We are entitled to assume that in using the language 'brought to trial' the Legislature was aware of this previous judicial determination that the impanelment of the jury is a part of the trial. . . . Under the facts of this case we are satisfied that the action was brought to trial within the time fixed by the written stipulation of the parties, and it was error for the court to dismiss it under the five-year provision of section 583." (Kadota v. City & County of S. F., supra , at pp. 195-196.)