What is the test for a motion to dismiss under section 583 of the Code of Civil Procedure?

A trial court's ruling on a motion to dismiss under Code of Civil Procedure section 583.310 will be disturbed only upon a showing of a manifest abuse of discretion. (Baccus v. Superior Court (1989) 207 Cal.App.3d 1526, 1531, 255 Cal.Rptr. 781.) What is impossible, impractical or futile must be interpreted liberally, consistent with the policy favoring trial on the merits. (Id. at p. 1532, 255 Cal.Rptr. 781.)

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Citing to Goers v. Superior Court (1976) 57 Cal.App.3d 72, 129 Cal.Rptr. 29, appellant concedes that court congestion is one of the conditions that can be used to avoid mandatory dismissal, but contends that the unavailability of a courtroom should not have tolled the mandatory five-year deadline in this case because respondents had not exercised diligence in moving their case toward trial. Appellant argues that respondents were not diligent because they did not file their at-issue memorandum until three months before the five-year deadline, did not file a motion to advance and were not adequately prepared for trial on the scheduled trial date.