Jannis v. Ellis

[752]

VALLÉE, J.

Appeal from an order confirming award of arbitrators.

Respondent Jannis and appellants Ellis and Liebman were partners under a written agreement which provided for arbitration of controversies between them. A controversy arose which was submitted to a board of arbitrators. On September 9, 1955 the arbitrators made an award in writing.

On October 5, 1955, the attorneys for the respective parties entered into a written stipulation requesting the arbitrators to clarify the award with respect to whether it included a loan of $2,465.50 made by respondent Jannis to the partnership. On February 9, 1956, the arbitrators filed a document titled “Clarification of Award of Arbitrators Pursuant to Stipulation” in which they stated they had made their award under date of September 9,1955; stated “Said award is made a part hereof by reference”; referred to the stipulation of the parties for clarification; and stated “The said award is exclusive of the said loan of Harry Jannis.”

1

On March 12, 1956, respondent Jannis petitioned the superior court to confirm the award as clarified. Appellants petitioned for an order vacating the award. The petition to vacate was denied and the award was confirmed. Ellis and Liebman appeal.

Section 1287 of the Code of Civil Procedure in relevant part reads:

“At any time within three months after the award is made, unless the parties shall extend said time in writing, . . . any party to the arbitration may apply to the superior court of the county or city and county in which said arbitration was had for an order confirming the award; and thereupon said court must grant such an order unless the award is vacated, modified or corrected, as prescribed in the next two sections. ...”

The next two sections are not pertinent in this case.

Appellants’ claim is that because the petition to confirm was not filed within three months after September 9, 1955, the

[753]