Schmitt

In this proceeding, petitioner David D. Schmitt, Jr., challenges the denial of his motion to specially set his dental malpractice action against real party Singhal for trial before expiration of the five-year period set forth in Code of Civil Procedure section 583.310. * 1 Under the facts of this case, we conclude the denial of petitioner’s motion was an abuse of discretion and will grant the relief requested.

Facts

On November 2, 1984, a complaint was filed on petitioner’s behalf by attorney David Berk. Real party answered the complaint, petitioner filed an *455 at-issue memorandum with the respondent court in October 1985, and the respondent ordered the matter submitted to arbitration at a status conference held January 16, 1986. (§ 1141.10 et seq.) On the same date petitioner filed with the respondent a substitution of attorney, replacing Berk with his present counsel, Patricia Swanson. Entries were made by the clerk in the register of actions noting the substitution, striking Berk’s name as counsel, and replacing it with Swanson’s name. Subsequently, petitioner twice amended his complaint with leave of court, and in October 1986 real party Singhal answered the third…