Lilly

Plaintiff appeals from an order of the superior court denying plaintiff’s motion to set aside judgment and specially set case for trial after judicial arbitration. We reverse.

The only statement of facts before us is that of appellant, since respondent has not filed a brief with this court, after a request to do so pursuant to California Rules of Court rule 17(b). Therefore, pursuant to the provisions of such rule, we accept appellant’s statement of facts as correctly stating the events hereinafter set forth. (See, Shapiro v. Cahill (1963) 219 Cal.App.2d 772, 773-774 [ 33 Cal.Rptr. 601 ].)

On January 23, 1975, plaintiff, in propria persona, filed a complaint in the Ventura County Superior Court alleging conspiracy to cause “mental murder,” slander, mental disturbance and emotional distress. Plaintiff’s complaint sought damages in the amount of $1 million.

On December 5, 1979, a hearing was held in the above mentioned superior court, and the court ordered the case to arbitration. An arbitrator was selected on December 31, 1979. An arbitration hearing was set for February 21, 1980, but, by stipulation of the parties, the hearing was continued to April 16, 1980. The…