Garmon

Carolyne and Anabel Jackson appeal a judgment of dismissal of their complaint for damages against Glenda Aron Garmon. They contend their request to arbitrate the action, filed within six months of the expiration of the five-year statute of limitations, tolled the limitations period.

I

On June 4, 1982, Carolyne and Anabel Jackson were injured in an accident. On May 31, 1983, they filed their complaint for personal injuries against Glenda Garmon; Garmon answered and cross-complained. Some modicum of discovery occurred over the next few months, and the Jacksons answered the cross-complaint. An at-issue memorandum was not served until March 24, 1988, just over two months before the running of the five-year statute of limitations. On that day, the Jacksons also mailed a copy of their election to arbitrate to Garmon. On May 3, the trial court ordered the matter to arbitration based on the Jacksons’ request.

Meanwhile, on April 20, Garmon had filed a motion to dismiss (Code Civ. Proc., §§ 583.310, 583.360, 583.410) but because it gave insufficient notice, the motion was refiled May 4. On May 23, the motion was granted pursuant to section 583.360; the court found the request…