Amoroso v. Superior Court

Opinion

WHITE, P. J.

This writ petition raises the question of whether provisions of Code of Civil Procedure section 1013, subdivision (a) apply to extend by five days the twenty-day time limit for requesting trial after an attempt to decide the case by arbitration. We have concluded that no such extension is authorized.

The Judicial Arbitration Rules for Civil Cases were adopted by the Judicial Council and took effect July 1, 1976. They provide that plaintiffs consenting to a maximum award of $7,500 may, by election or stipulation, prosecute their cases through arbitration procedures. (Cal. Rules of Court, rule 1602.) Rule 1616(a) thereof provides that “[w]ithin 20 days after the arbitration award

is filed

with the clerk of the court, any party may request a trial in the superior court by filing with the clerk a request

[242]

for trial, with proof of service of a copy upon all other parties appearing in the case. The 20-day period within which to request trial

may not be

extended.” (Italics added.) Rule 1615(c) provides in part: “The clerk shall enter the award as a judgment forthwith upon the expiration of 20 days after the award is filed if no party has, during that period, served and filed a request for trial as provided in these rules.”

In this proceeding real parties are the plaintiffs who filed an election to arbitrate. The arbitration award was filed with the superior court on June 26, 1978. Real parties did not file their request for trial by the 20-day deadline of July 17, 1978 (the 20th day, July 16, having been a Sunday). Instead they submitted their request for a jury trial on July 19, 1978. The clerk found it timely, applying the five-day extension found in Code of Civil Procedure section 1013, subdivision (a), and declined to enter the arbitration award as a judgment. Petitioners moved the trial court for an order directing the clerk to enter judgment, but their motion was denied. They seek review by writ of mandate, attempting to forestall an unwarranted trial of the merits.