In Woley v. Turkus (1958) 51 Cal.2d 402, the court reversed a dismissal under the same statute involved here, finding that "the statute is not designed to arbitrarily close the proceedings at all events in five years. It expressly permits the parties to extend the period without limitation by written stipulation. Exceptions have been recognized by the courts." The Woley case found an exception under the circumstances involved, indicating that "the circumstances include not only the terms of the written stipulation but the acts and conduct of the parties . . .," and utilized an estoppel theory. ( Woley v. Turkus, supra, 51 Cal.2d 402, at p. 407.)