What is the effect of a motion to dismiss a complaint for medical malpractice pending arbitration?

California, United States of America


The following excerpt is from Brock v. Kaiser Foundation Hospitals, 10 Cal.App.4th 1790, 13 Cal.Rptr.2d 678 (Cal. App. 1992):

Boutwell v. Kaiser Foundation Health Plan (1988) 206 Cal.App.3d 1371, 254 Cal.Rptr. 173, once again involves a complaint for medical malpractice, this time with a stipulation to stay the proceedings pending arbitration pursuant to the contract between the parties. (Id. at p. 1373, 254 Cal.Rptr. 173.) More than six years later, the defendants successfully moved to dismiss the action at law for failure to bring it to trial within five years. (Id. at p. 1374, 254 Cal.Rptr. 173.) The reviewing court concluded the catchall exclusion from the five-year period was not applicable because the plaintiff had not exercised reasonable diligence in pursuing the arbitration proceeding. (Id. at pp. 1374-1375, 254 Cal.Rptr. 173.) The court failed to mention the effect of the stay under subdivision (b) of section 583.340. The court expressed no opinion regarding the effect of dismissing the complaint on the arbitration proceedings. (206 Cal.App.3d at p. 1375, 254 Cal.Rptr. 173.)

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