Santa Monica Hospital Medical Center v. Superior Court

In this original proceeding in mandate we must determine the proper application of Moran v. Superior Court (1983) 35 Cal.3d 229 [ 197 Cal.Rptr. 546 , 673 P.2d 216 ], where a civil plaintiff takes no steps after a request for a postarbitration trial de novo to cause trial to be set within the remainder of the five-year mandatory dismissal period.

We conclude that Moran v. Superior Court, supra, 35 Cal.3d 229 , requires a plaintiff to exercise reasonable diligence relative to the five-year period to the extent of requesting the trial court to set a trial date within that period.

The facts are simple and not in dispute.

Plaintiff filed her medical malpractice complaint on June 2, 1982. A third amended complaint was filed in July 1983 and answered that September.

Plaintiff filed her at-issue memorandum January 17, 1986. An arbitration status conference was set for May 1, 1986, but that conference date was vacated when the case was transferred to another district on March 17, 1986, on the court’s motion.

At the October 24, 1986, trial setting conference the case was ordered into arbitration. No trial date was set.

The case remained in arbitration as of December 2, 1986.…