Byerly

The superior court dismissed a medical malpractice action for failure to bring the matter to trial within five years. (Code Civ. Proc., §§ 583.310, 583.360.) Plaintiffs contend the five-year period was tolled by the *1314 court’s earlier order compelling arbitration and staying all proceedings. In what, as we shall explain, is probably an academic exercise, we agree.

I

On April 17, 1981, Ann Byerly sued Stewart C. Sale and several others for medical malpractice. Her husband included a cause of action for loss of consortium. Defendants answered the complaint and petitioned to compel arbitration and for a stay of proceedings pursuant to the terms of Byerly’s written arbitration agreement (Code Civ. Proc., § 1295). The trial court granted the motion on September 21, 1981.

By May 1983 the arbitrators had been designated, and discovery continued through January 1984. The matter then languished for more than two years until May 15, 1986, when plaintiffs asked defendants to schedule a date for arbitration. Defendants responded by moving the superior court to dismiss the complaint for failure to bring the action to trial within five years. The motion was granted on August 7,…