Karamzai v. Digitcom

Opinion

ARMSTRONG, J.

Appellants Donald I. Kelly and Digitcom appeal from an order of the trial court denying Kelly’s request for a trial de novo after an arbitration award. The trial court ordered appellants to file this request within 10 days after the arbitration award was made, rather than the 30 days provided by statute. Because a trial court lacks authority to shorten the time within which a party may file a request for a trial de novo, and because appellant Kelly attempted to file his request within the time specified by statute, we reverse the judgment and remand for further proceedings.

Procedural Facts

On September 21, 1994, respondent Verali Karamzai filed a complaint in superior court against appellants. On November 17, 1994, appellant Kelly

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filed a cross-complaint against respondent. Both the complaint and cross-complaint arose out of respondent’s purchase of a voice mail system from appellant Digitcom.

At some point prior to May 12, 1995, the trial court ordered the parties to participate in judicial arbitration. On May 12, 1995, respondent presented the court with an application and order to continue the arbitration date to July 21. The application represented that appellants agreed to the continuance. The trial court granted an extension of the arbitration completion date until July 14, 1995. The trial court added, however, that requests for trial de novo were to be filed “within 10 days after award.” The court set a further status conference for July 28, 1995. Appellants were not present when this order was issued.

Arbitration was held on July 6, 1995. The arbitrator awarded respondent judgment against appellant in the amount of $3,075.68. The award is dated July 14, 1995. It was served on that date, but not filed until July 17, 1995.

On July 28, 1995, the parties appeared for a scheduled status conference. Appellant Kelly attempted to file a request for trial de novo. The court, however, refused to accept the request. The court’s minute order states that no request for a trial de novo had been filed.

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