Castorena v. Superior Court

Opinion

BEACH, J.

Petition for writ of mandate to compel trial court to dismiss action for failure to bring to trial within five years. (Code Civ. Proc., § 583, subd. (b).)1 We grant the petition.

Facts

The complaint was filed on November 12, 1975. Plaintiff thereafter filed an “Election for Arbitration,” requesting that the case be submitted to arbitration. Both requests were filed before the six-month period prior to the expiration of the five-year statute of limitations described in sections 583, subdivision (b) and 1141.17. The matter was arbitrated and on December 18, 1980, notice of the…