McAvoy v. Harvey L. Lerer, Inc.

Opinion

ARMSTRONG, J.

The sole issue in this case is whether Code of Civil Procedure

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section 12a, which extends the time period for performing an act when the last day falls on a holiday, is applicable to the 30-day time limit within which to file a complaint after service of an arbitration award in an attorney fee dispute. We conclude that it does, and reverse the judgment.

Facts and Procedural History

The parties submitted their fee dispute, concerning the allocation of settlement proceeds received in appellants’ settlement of respondent’s claim against a third party, to the Mandatory State Bar Arbitration Program. The

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State Bar Arbitration Panel issued a nonbinding award in favor of respondent on January 6, 1994. Thirty-two days later, on Monday, February 7, 1994, appellants filed a lawsuit in Los Angeles Superior Court, seeking a trial de novo of the fee dispute.

On March 4, 1994, respondent filed a petition to confirm arbitration award and a notice of motion to confirm arbitration award. In their response to the motion, appellants argued that the court lacked jurisdiction to confirm the award because they had filed a timely superior court action concerning the fee dispute, and requested that the trial court take judicial notice of that action. Respondent countered that “the award became binding on Feb. 6, 1994,” in effect arguing that the time for filing a complaint is not extended to the next court day if the 30th day falls on a weekend or holiday.

The petition to confirm the arbitration award came on for a hearing, conducted off the record, on March 25, 1994. The court took the matter under submission and scheduled another hearing for April 11, 1994. After the latter hearing, at which appellants did not appear, the court granted the motion to confirm the award. Judgment pursuant to the arbitration award was entered on April 13, 1994.

Appellants sought reconsideration of the trial court’s order, or alternatively, relief under section 473. At the subsequent hearing on the motion, and after argument, the court denied the motion for reconsideration and again confirmed the arbitration award. The court did not, however, state on the record its reasons for its decision.