Serrano

Wilfredo Serrano appeals from an order dismissing his action for failure to bring the matter to trial within five years. (Code Civ. Proc., §§ 583.310, 583.360.) Appellant contends that under Moran v. Superior Court (1983) 35 Cal.3d 229 [ 197 Cal.Rptr. 546 , 673 P.2d 216 ] the statute of limitations was tolled by his request for a trial de novo following arbitration, and he had no duty thereafter to exercise diligence in prosecuting the matter. We disagree and affirm the order of dismissal.

Procedural History

Appellant commenced this action on December 14, 1983, asserting negligence, breach of contract, and other causes of action relating to disappointing performance evaluations he had received in his employment at respondent FMC Corporation. In May 1986 the court ordered the case to arbitration. The arbitrator ruled in favor of respondent, finding no evidence to support the allegations of the complaint. On December 23, 1986, appellant made a timely request for a trial de novo pursuant to California Rules of Court, rule 1616.

No further action was taken either by the court or by appellant until November 1988. At that time appellant’s counsel contacted the clerk’s office…