Brock

In this case we examine the distinction between an action at law and a contractual arbitration proceeding based on the same dispute and conclude that they are independent remedies. This distinction plays a critical role in the resolution of the two questions posed by this appeal.

The first is whether an action at law stayed during the pendency of contractual arbitration proceedings may nevertheless be dismissed for failure to bring it to trial within five years under Code of Civil Procedure section 583.310 (subsequent undesignated section references are to this code). Under the governing statute, in computing the time within which an action must be brought, the time during which the action was stayed must be excluded. (§ 583.340, subd. (b).) Thus, agreeing with Byerly v. Sale (1988) 204 Cal.App.3d 1312 [ 251 Cal.Rptr. 749 ], we conclude the action may not be dismissed.

The second is whether the dismissal of the action at law automatically terminates the arbitration proceeding and, if not, whether the trial court may nevertheless dismiss the arbitration proceeding for delay in its prosecution. In agreement with dictum in Byerly and its progeny (and contrary to other…