Griffis

Introduction

Plaintiff Pauline Griffis appeals from an order of dismissal pursuant to Code of Civil Procedure section 583, subdivision (b) entered in favor of defendants on the ground that plaintiff failed to bring the matter to trial within five years from the date of the filing of the complaint.

Statement of Facts

On April 27, 1977, plaintiff filed a complaint alleging malicious prosecution, false imprisonment, slander and the intentional infliction of emotional distress. Defendants answered on May 18, 1977. An arbitration conference was held on September 25, 1981; the court determined the matter would not be ordered to arbitration and scheduled a mandatory settlement conference for February 23, 1982, as well as a trial date of March 15, 1982. Counsel for both parties waived notice of the court’s determinations.

At the mandatory settlement conference on February 23, 1982, the court ordered the matter to arbitration, at which time Shirley Buckley, plaintiff’s attorney, expressed to the court her concern over the imminent expiration of the five-year limitation period set forth in Code of Civil Procedure section 583, subdivision (b). Attorney Buckley received…