Taylor

In this case we are asked to determine whether plaintiff’s election to submit to arbitration under Code of Civil Procedure section 1141.12 operated to toll the running of the five-year period in which plaintiff was required to bring his action to trial under section 583, subdivision (b). We conclude that it did not.

Facts

Plaintiff was injured on February 29, 1976, while an inmate at the Glen Helen Rehabilitation Center in the County of San Bernardino. Plaintiff and other inmates had been escorted onto a truck by a deputy sheriff for transport. The deputy proceeded to drive the truck, but upon his release of the clutch, the truck lunged forward approximately two feet and struck an overhang. This was the alleged cause of plaintiffs injuries.

On August 5, 1976, plaintiff filed a complaint which charged the County of San Bernardino (County) with negligence and prayed for damages for his injuries. The County’s answer was filed on November 24, 1976. On March 14, 1978, the County filed with the court and sent to plaintiff a request for the specific amount of damages claimed. Plaintiff filed an “At Issue Memorandum,” on September 11, 1978, requesting that the case be set for…