Castorena
Castorena v. Superior Court
Opinion
Lead Opinion
Beach, J.
Petition for writ of mandate to compel trial court to dismiss action for failure to bring to trial within five years. (Code Civ. Proc., § 583, subd. (b).) 1 We grant the petition.
Facts
The complaint was filed on November 12, 1975. Plaintiff thereafter filed an “Election for Arbitration,” requesting that the case be submitted to arbitration. Both requests were filed before the six-month period prior to the expiration of the five-year statute of limitations described in sections 583, subdivision (b) and 1141.17. The matter was arbitrated and on December 18, 1980, notice of the arbitration award was served. This was a little over one month past the fifth anniversary of filing the complaint.
On December 24, 1980, defendants demanded trial de novo. Notice of trial setting conference was mailed January 21, 1981, and trial setting conference was held on March 11, 1981, attended by both parties. After trial setting conference the trial was set for August 31, 1981. On August 11, 1981, defendants noticed their motion to dismiss for failure to bring the matter to trial within five years. Defendants’ motion was heard on August 26, 1981, and denied. The matter was reset for trial…
Dissenting Opinion
Roth, J.
I dissent for the reasons stated in my dissent in Moran v. Superior Court (Cal.App.).
Opinion
David & Schmidt, Raymond G. David and Stephen C. Schmidt for Real Party in Interest.
OPINION
BEACH, J.
Petition for writ of mandate to compel trial court to dismiss action for failure to bring to trial within five years. (Code Civ. Proc., § 583, subd. (b).) [1] We grant the petition.
The complaint was filed on November 12, 1975. Plaintiff thereafter filed an "Election for Arbitration," requesting that the case be submitted to arbitration. Both requests were filed before the six-month period prior to the expiration of the five-year statute of limitations described in sections 583, subdivision (b) and 1141.17. The matter was arbitrated and on December 18, 1980, notice of the arbitration award was served. This was a little over one month past the fifth anniversary of filing the complaint.
On December 24, 1980, defendants demanded trial de novo. Notice of trial setting conference was mailed January 21, 1981, and trial setting conference was held on March 11, 1981, attended by both parties. After trial setting conference the trial was set for August 31, 1981. On August 11, 1981, defendants noticed their motion to dismiss for failure to bring the matter to trial within five years.…