PRETRIAL ADJUDICATION
...Judicial Arbitration
......Trial De Novo
.........Vacating Arb Award
5 Cards On This Topic:
  • Rule 3.828 (a) provides for motion to vacate judgment on arbitration award on Code Civ. Proc. §473 grounds.
  • P’s de novo trial request operated to vacate entire judicial arbitration award, including award on factually and legally related cross-complaint.
  • Revised (former) rule 1615 (d) applies to case decided before its revision, allowing Ps right to move to vacate judgment on arbitration award under Code Civ. Proc. §473 for excusable neglect.
  • Date of mailing does not extend time for filing but relief may be granted under Code Civ. Proc. §473 in attorney-client arbitration by analogy to judicial arbitration.
  • Though arb award in favor of a party may stand despite trial de novo request by another where claims legally & factually unrelated, exception inapplicable in father/son PI/wrongful death suits.