Can a judge dismiss an action for failure to prosecute?

By statute, a trial court is vested with discretion to dismiss an action for failure to prosecute. (Code Civ. Proc., 583.130, 583.410.) In such cases, "the policy favoring trial or other disposition of an action on the merits [is] generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action in construing the provisions of this chapter." ( 583.130.) And, section 583.410 does not provide authority for a discretionary dismissal in an action that is less than two years old. (See, e.g., Hawks v. Hawks (2006) 141 Cal.App.4th 1435, 1437.)