Niesner v. Kusch

Opinion

THOMPSON, J.

Plaintiff, Elisabeth Niesner, appeals from a judgment of dismissal entered upon an order made pursuant to Code of Civil Procedure section 583, subdivision (b), 1 for failure to bring the action to trial within five years after filing the action. The principal issue presented by this appeal is whether the five-year period of section 583, subdivision (b), was tolled during the period of time the case remained submitted to arbitration during the last six months prior to the expiration of the five-year statute, even though the case never had an arbitration hearing, but was in…