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In this writ proceeding petitioner challenges the respondent’s denial of his motion to specially set the case for trial (Cal. Rules of Court, rule 375(b)) to avoid the running of the five-year period specified in section 583.310 of the Code of Civil Procedure. For reasons to follow, we have concluded petitioner is entitled to relief.

Procedural Background

On April 7, 1981, petitioner filed his complaint seeking damages against real party for personal injuries sustained in an automobile collision. Absent circumstances which would toll the statute, the mandatory period within which to bring the matter to trial would therefore have expired on April 7, 1986.

An answer was filed in April 1982. Petitioner’s at-issue memorandum was filed in November 1982. In October 1984 petitioner served interrogatories. Real party requested and obtained an open extension of time to respond. Answers to the interrogatories have not been served. Settlement negotiations took place during 1985.

On February 18, 1986, petitioner’s counsel was hospitalized after suffering severe chest pains. His condition was diagnosed as crescendo angina, the forerunner of a heart seizure. A surgical procedure…