Sizemore

Plaintiffs appeal from an order dismissing their action for breach of warranty, rescission of contract, and intentional infliction of emotional harm against defendants Tri-City Lincoln Mercury, Inc. (Tri-City) and Ford Motor Company (Ford) for failure to bring the matter to trial within the period required by Code of Civil Procedure section 583, subdivision (b).

Plaintiffs contend that the action was prematurely dismissed because the five-year period of section 583, subdivision (b), as extended by section 1141.17, was tolled from the date that the arbitration award was filed to the date set for trial under Moran v. Superior Court (1983) 35 Cal.3d 229 [ 197 Cal.Rptr. 546 , 673 P.2d 216 ].

Under Moran , Code of Civil Procedure section 1141.20 is interpreted to impose a duty upon the court sua sponte to recalendar the trial in the same place it had before arbitration and that the five-year period is tolled until the new trial date is set by the court.

Plaintiffs filed their complaint on March 26,1980. On December 23,1981, plaintiffs filed an election to have the matter arbitrated. On March 20,1984, plaintiffs moved to restore the case to the civil active list. On April 9,…