Hardy v. Western Landscape Construction

Opinion

WIENER, Acting P. J.

Plaintiffs Robert Hardy and his wife appeal the order denying their motion to vacate a mandatory arbitration award pursuant to Code of Civil Procedure section 473.

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We reverse.

Under California Rules of Court, rule 1616(a)

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a party may request a trial de novo by filing a request with the clerk of the court within 20 days after the arbitration award is filed. Rule 1615(c)

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requires the clerk to enter the award as a

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judgment after the 20-day period has expired if no party has served and filed a request for trial. The arbitration award has the same force and effect as a judgment in any civil action or proceeding, except that it is not subject to appeal and it may not be attacked or set aside except as provided in rule 1615(d). Under former rule 1615(d),

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within six months of its entry a party could move to vacate the judgment on the ground the arbitrator was subject to a disqualification, or upon one of the grounds set forth in subdivisions (a), (b), and (c) of section 1286.2.

Here, the Hardys failed to request a de novo trial within 20 days after the filing of the arbitration award. Judgment was entered pursuant to rule 1615(c). Because none of the grounds listed in former rule 1615(d) was applicable, the Hardys moved under section 473

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to vacate the judgment because of their excusable neglect in failing to file for a de novo trial within 20 days. The court denied their motion on the ground it had no jurisdiction to grant relief under section 473. This appeal ensued.

When the court ruled on the applicability of relief under section 473, appellate decisions on this issue were in conflict.

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