Geoulla

I. INTRODUCTION

Plaintiff Daniel Geoulla appeals from an order dismissing an arbitration brought under the Uninsured Motorist Act (Insurance Code section 11580.2 et seq. (section 11580.2)) for failure to conclude the proceeding within the mandatory five-year limitation proscribed by the Act. We reverse and remand with instructions.

II. FACTUAL AND PROCEDURAL BACKGROUND

Following a rear-end collision with an uninsured motorist, plaintiff demanded arbitration under section 11580.2 seeking uninsured motorist benefits from defendant.1 During the next five years, the parties selected an arbitrator, propounded multiple rounds of discovery, took depositions, and engaged in extensive law and motion practice; but they did not schedule an arbitration hearing within that time. Because plaintiff failed to conclude the arbitration within the five-year limitation proscribed by section 11580.2, subdivision (i) (as extended for six months by Emergency Rules 9 and 10), defendant filed a motion to dismiss the proceeding. In his opposition, plaintiff conceded that the extended five-year period had run and that his attorneys had miscalendared the deadline. He maintained, however, that the…