Martinez v. Ralphs Grocery Co.

Opinion

McCLOSKY, J.

Appellant Roberto Martinez filed an action for personal injuries against Ralphs Grocery Company in the Los Angeles Superior Court. He elected to submit his cause to arbitration (pursuant to § 1141.12 of the Code Civ. Proc.)

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The matter was arbitrated pursuant to the provisions of section

[559]

1141.10 et seq. On June 5, 1981, following the arbitration hearing, the arbitrator filed an award in the Los Angeles Superior Court in favor of appellant Martinez and against respondent Ralphs. On July 1, 1981, judgment was entered on that award. On July 10, 1981, Ralphs, not having theretofor filed a request for new trial, filed a motion pursuant to section 473 to set aside entry of judgment, to allow respondent to file for trial de novo and requested an order staying execution of judgment. Following the filing of opposition and a hearing held on July 30, 1981, the trial judge granted the motion setting aside the entry of judgment and granting Ralphs three days from July 30, 1981, in which to file a request for trial de novo which it deemed timely filed. Appellant Martinez filed a timely notice of appeal from that order.

Appellant contends that the trial court abused its discretion in granting respondent’s motion pursuant to section 473 to set aside the judgment based on the judicial arbitration award; that effective July 1, 1979, judicial arbitration and the applicability of section 1141.10 et seq. and California Rules of Court, rule 1600 et seq.

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became mandatory for causes of action in the Los Angeles Superior Court; and lastly that a judgment based on a judicial arbitration award may not be vacated on the grounds stated in section 473.

Respondent contends that the trial court acted within its discretion in granting defendant’s motion to set aside the judgment based on the arbitration award; that section 1286.2 mandates that an arbitration award procured by corruption, fraud or other undue means shall be set aside; and lastly that upon a showing of fraud under section 1286.2, subdivision (a), the trial court shall vacate the award. Therefore, the question of judicial discretion is not appropriate.