Dobrick

Plaihtiff, Steven G. Dobrick, appeals from an order which: (1) denied his motion to confirm and enter an arbitration award as a final judgment; and (2) dismissed plaintiff’s complaint as to all defendants for failure to bring the matter to trial within the statutorily prescribed time limit. (Code Civ. Proc., § 583, subd. (b).)

The appeal presents the following issues: First, was there substantial evidence sufficient to support a finding that notice of request for trial de novo, following judicial arbitration, was duly served? We find that there was not such evidence. Having so concluded, we must determine whether a request for trial de novo, timely filed, but not properly served, was sufficient either to: (a) terminate the tolling of the five-year statute which commenced when the matter was referred to,arbitration (§ 1141.17); or (b) prevent the arbitration award from becoming final (§ 1141.20).

The case involves a lengthy series of procedural errors and oversights, necessitating an extensive and precise statement of procedural facts.

Background Facts

Plaintiff filed his complaint for personal injuries against the City of Los Angeles and its employee, James F.…