Young

The instant proceeding presents what appears to be a question of first impression in this state, i.e., “May an arbitrator by reference to Code of Civil Procedure section 583 ‘dismiss’ a matter that has been stayed in the Superior Court pending an ordered arbitration?”

Here the underlying legal action was initiated by plaintiffs as the heirs of David C. Young in the Los Angeles Superior Court on July 21, 1975, as NWC 45612. In their complaint for wrongful death, medical malpractice, etc., plaintiffs alleged that the deceased had been driven to commit suicide by the misconduct of the defendant suppliers of medical services. On October 15, 1975, defendants answered urging the existence of an arbitration agreement. They also requested that an order staying the instant action and directing arbitration be entered. Over plaintiffs’ objections, such order was made October 31, 1975.

On April 16, 1981, there issued in the arbitration proceeding a ruling that was ultimately denominated an “Order of Dismissal.” It provided:

Plaintiffs responded by promptly filing in the superior court what they entitled a “Petition to vacate Dismissal of Superior Court action by Arbitrator and to…