Sisler v. Superior Court

Opinion

KLEIN, P. J.

In this original proceeding, defendant William H. Sisler, Jr., doing business as William’s M & T Electric, Inc., is petitioning for a peremptory writ of mandate directing the respondent superior court to vacate its order granting a motion for referral to arbitration, which order was entered on the last day of the five-year time period in which an action must be brought to trial. (Code Civ. Proc., §§ 583.310, 583.360.)

The record reveals the order referring the matter to arbitration was made without considering whether plaintiff Joanne Bockian exercised reasonable diligence…