Is a dismissal for failure to prosecute a motion for wrongful dismissal valid?

defendant in the underlying action; the same is true of a dismissal for failure to prosecute. [Citations.]' [Citation.]" (Fuentes v. Berry, supra, 38 Cal.App.4th at p. 1808.)

"Where a proceeding is terminated other than on the merits, the reasons underlying the termination must be examined to see if it reflects the opinion of the court or the prosecuting party that the action would not succeed. [Citation.] If a conflict arises as to the circumstances explaining a failure to prosecute an action further, the determination of the reasons underlying the dismissal is a question of fact. [Citations.]" (Fuentes v. Berry, supra, 38 Cal.App.4th at p. 1808.)