Dodd

Cross-complainants appeal dismissal of consolidated actions for failure to bring them to trial within five years under Code of Civil Procedure section 583, subdivision (b).

I

On June 3, 1977, the Dodds filed a verified complaint for general and punitive damages against the Fords in a dispute over the sale of commercial real property. On July 7, 1977, the Fords answered and cross-complained against the Dodds for breach of contract. A week later they filed a separate unlawful detainer action against the Dodds. The actions were consolidated; and on July 22, 1980, counsel for all parties stipulated to binding arbitration.

Apparently a lengthy trial estimate dissuaded several arbitrators from hearing the cases, but testimony before an arbitrator finally began on May 4, 1982. However, the proceedings were stopped on the second day when he told the parties he could not devote sufficient time to the matter. By minute order of May 19, 1982, the court vacated the arbitrator’s appointment, removed the cases from the arbitration hearing list, and advised the parties they would be restored to either the arbitration hearing list or civil active list only on noticed motion and…