Davenport

Plaintiff appeals from a judgment (order) of dismissal entered pursuant to Code of Civil Procedure section 583, subdivision (b).

The case being submitted under California Rules of Court, rule 17(b), we accept as true the appellant’s statement of facts labeled “Chronology.” The complaint in this personal injury action was filed on April 16, 1976, naming several defendants. Although plaintiff filed an at-issue memorandum on January 20, 1978, the litigants engaged in subsequent discovery proceedings and motions, and no trial date or trial setting conference was ever obtained or requested. After the lapse from the time of filing the complaint of more than four years and eleven months, on April 2, 1981, plaintiff filed an election to arbitrate under Code of Civil Procedure section 1141.12, subdivision (b)(ii), and California Rules of Court, rule 1600(b). On July 22, 1981, a notice of selection of arbitrator was served by the Los Angeles Superior Court Arbitration Administrator on counsel for plaintiff and defendants. On July 29, 1981, the trial court entered its order of dismissal as to all defendants. Notice of assignment of Donald R. Brown as arbitrator was issued on August…