D'HONDT
D'HONDT v. Regents of University of California
Opinion
Opinion
Todd, J.
Plaintiff appeals from an order of dismissal granted pursuant to Code of Civil Procedure section 583, subdivision (a), for failure to bring the case to trial within two years after filing. The issue presented is whether a case ordered into arbitration when it is more than two years old can be dismissed under section 583, subdivision (a) while the case remains in arbitration. For the reasons stated herein, we conclude that there is no prohibition against such a dismissal and affirm the judgment.
Factual Background
On March 17, 1976, the plaintiff, Robert A. D’Hondt, filed an action against the Regents of the University of California, alleging medical and dental malpractice in rendering treatment to him at U.C.L.A. Hospital and Medical Center for injuries sustained in an accident. Defendants filed their answer on May 11, 1976, and on May 24, 1976, the at-issue memorandum was filed by plaintiff.
Interrogatories were propounded by each of the parties to the other in late May 1976. Defendants filed their answers on August 18, 1976, and plaintiff on October 15, 1976.
The trial date was set for April 11, 1979. Prior to that date, defendants moved for a continuance of the…