Carpenters Southern California Administrative Corp. v. Surety Co.

Plaintiff appeals from an order of dismissal entered after the trial court granted respondent defendant’s motion to dismiss under Code of Civil Procedure section 583, subdivision (b). The question posed is whether appellant’s failure to bring the case to trial after electing to arbitrate was occasioned by impracticability or impossibility under Brown v. Engstrom (1979) 89 Cal.App.3d 513 [ 152 Cal.Rptr. 628 ]. We answer in the affirmative and reverse.

The complaint for breach of contract and to recover on a surety bond was filed on October 13, 1976. After bankruptcy and discharge of the codefendant principal, the case then (and now) proceeding against only the respondent surety, followed by discovery exchanges between plaintiff and respondent, plaintiff filed an at-issue memorandum on January 9, 1979. The Judicial Arbitration Act of 1978 (Stats. 1978, ch. 743, § 2, Code Civ. Proc., § 1141.10 et seq.) becoming operative on July 1, 1979, plaintiff filed its election to arbitrate on October 9, 1979. There was no further activity in the case until the Los Angeles Superior Court Arbitration Administrator’s office served its notice of assignment of arbitrator on November 25,…