Dresser

We take this opportunity to add our voice to that of other appellate districts which have concluded that under our Supreme Court’s decision in Moran v. Superior Court (1983) 35 Cal.3d 229 [ 197 Cal.Rptr. 546 , 673 P.2d 216 ], a civil plaintiff is required to exercise reasonable diligence in calculating the mandatory dismissal date under Code of Civil Procedure section 583.310, and to request a trial date within that period. Where a civil plaintiff fails, as here, to calculate the deadline, or to request a trial date within the time remaining, we conclude this duty has not been met. In consequence, we affirm the order of dismissal.

Procedural History

Appellant Brian Dresser filed a complaint against respondent Robert Bindi, M.D., on June 14, 1983. Since the facts underlying this complaint are irrelevant to the resolution of the issue on appeal, we need not detail them. The case was ordered to arbitration on April 30, 1987. In February 1988, appellant’s counsel asked respondent’s counsel for an extension of the five-year deadline. Respondent’s counsel promptly responded that he was not authorized to stipulate to an extension.

On March 4, 1988, the arbitrator issued an…