PRETRIAL ADJUDICATION
...Judicial Arbitration
......Statute of Limitations
13 Cards On This Topic:

Action subject to mandatory dismissal if not brought to trial within 5 years after being filed.

5-year SOL not generally tolled by submission to arbitration except 4 years, 6 months after suit filed.

Because judicial arbitration award never properly served on D, 30 days to request trial de novo began to run only when D received actual notice, making its request 4 days later timely.

Postarb request for trial de novo did not toll running of SOL when P not reasonably diligent in informing ct. of deadline, did not appear at conf. or try for trial within 6 mos.

Contractual agreement for non-judicial arbitration did not prevent dismissal for failure to bring to trial within 5-year period; contractual arbitration not affected by dismissal of legal action and could be compelled.

P may not use arbitration procedure to bypass diligent prosecution statutes by filing motion for arbitration to be heard on last day before running of 5-year period.

Dismissal improper when 5-year period tolled by prior ct. order compelling arbitration and staying proceedings.

Stay in bankruptcy only tolls 5-year period as to bankrupt, not other parties to action.

When plaintiff fails to make showing of excusable delay, trial court remains within its discretion in dismissing case despite lack of actual prejudice.

Submission to arbitration in last 6 months tolls running of limitations period until request for trial de novo filed.

Action automatically tolled as result of submission to arbitration only if it falls within terms of Code Civ. Proc. §1141.17, only within last 6 months of 5-yr. period, and only until trial de novo requested.

Tolling in last 6 months applies to any type of judicial arbitration, even stipulated binding arbitration with no trial de novo possibility.

Insufficient time tolled under Code Civ. Proc. §1141.17 to save case from dismissal under 5-year period for bringing case to trial.