Santos

Plaintiff-employee, James B. Johnson, was injured during the course and scope of his employment while riding as a passenger in a vehicle driven by a coemployee. He brought an action against a third party—defendant Dennis Santos. The workers’ compensation insurer, Travelers Insurance Company, intervened. The employee elected arbitration. An award was made, but defendant Santos requested a trial de novo. (Code Civ. Proc., § 1141.20.) Defendant then moved to dismiss due to the expiration of the five-year period (§ 583, subd. (b)), which motion was granted. Travelers appeals the order of dismissal. We reverse.

I. Facts

The salient facts may be set forth in outline form:

II. Was Travelers Aggrieved?

Without burdening his brief with citation of authority or relevant argument, defendant contends that Travelers “has no standing to appeal because it was not a party to the action which was dismissed.” He bases this contention on the belief that as to the intervener the five-year time period in section 583, subdivision (b) begins running upon the filing of the complaint in intervention and not upon the filing of the plaintiff’s original complaint. Therefore, it is argued, the…