Landry

In this action for assault and battery and negligence, the trial court denied the minor plaintiffs’ request for trial preference (Code Civ. Proc., § 36, subd. (b)) and granted defendant school district’s motion to dismiss for delay in prosecution. (Code Civ. Proc., §§ 583.410, 583.420.) Plaintiffs appeal, contending their statutory entitlement to trial preference overrides the court’s discretion to dismiss the action for delay in prosecution. Alternatively, they argue the court abused its discretion in dismissing their case and in denying their motion for reconsideration. Finally, they claim the five-year dismissal statute was tolled by the court’s referral of the matter to arbitration. We find no error and affirm the judgment of dismissal.

Procedural History

Plaintiffs Maria and Terry Landry commenced this action December 15, 1989, when they were eight and nine years old, respectively. Both plaintiffs have Down’s syndrome. According to their complaint, plaintiffs were sexually assaulted by two students during recess at their elementary school. Plaintiffs alleged physical and emotional injury arising from negligent supervision by school district employees and the…