(a)
The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred:
(1)
Service is not made within two years after the action is commenced against the defendant.
(2)
The action is not brought to trial within the following times:
(A)
Three years after the action is commenced against the defendant unless otherwise prescribed by rule under subparagraph (B).
(B)
Two years after the action is commenced against the defendant if the Judicial Council by rule adopted pursuant to Section 583.410 so prescribes for the court because of the condition of the court calendar or for other reasons affecting the conduct of litigation or the administration of justice.
(3)
A new trial is granted and the action is not again brought to trial within the following times:
(A)
If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within two years after the order of the court declaring the mistrial or the disagreement of the jury is entered.
(B)
If after judgment a new trial is granted and no appeal is taken, within two years after the order granting the new trial
is entered.
(C)
If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within two years after the remittitur is filed by the clerk of the trial court.
(b)
The times provided in subdivision (a) shall be computed in the manner provided for computation of the comparable times under Articles 2 (commencing with Section 583.210) and 3 (commencing with Section 583.310).
