Drummond

Lori Lemay Drummond (plaintiff) appeals from an order (judgment) of dismissal in favor of Fumie Murata (defendant) based on plaintiff’s failure to bring the action to trial within five years.

We affirm the order.

Factual and Procedural Statement

On February 14, 1984, the complaint for personal injury and property damages arising from a motor vehicle accident was filed. The complaint alleged that the underlying accident occurred on or about February 17, 1983.

On January 22, 1986, the answer was filed.

On October 25, 1988, an arbitration award was entered in favor of plaintiff and against defendant in the sum of $17,500 pursuant to Code of Civil Procedure section 1141.10 et seq., which pertains to mandatory judicial arbitrations.

On November 18, 1988, plaintiff filed a timely demand for a trial de novo. (§ 1141.20.)

On January 9, 1989, the court set September 25, 1989, as the date for the trial de novo.

On September 13, 1989, defendant filed a motion to dismiss the action for failure to bring the matter to trial within five years as mandated under section 583.310.

On September 20, 1989, plaintiff filed opposition to the motion. In his supporting declaration…