Cabrera

Plaintiffs Maria Luisa Cabrera and Edmundo C., a minor by his guardian ad litem, Maria Luisa Cabrera, appeal from a judgment in defendant’s favor entered upon an arbitration award, and from order denying their “motion for a new trial.”

I

Factual and Procedural Background

In 1981, in municipal court, plaintiffs sued defendant for damages for personal injuries and property damage arising out of a motor vehicle accident. Defendant answered the complaint and filed a cross-complaint for indemnity and property damages against plaintiff Maria Luisa Cabrera. In 1984, upon motion by plaintiffs, the action was transferred to the superior court. On April 25, 1985, after an arbitration conference, the court found the amount in controversy not to exceed $25,000 and ordered the case to superior court arbitration pursuant to California Rules of Court, rules 1601-1617. On June 6, 1985, the arbitration administrator served notice by mail on both parties that an arbitrator had been appointed and the matter was set for hearing on August 15, 1985, 70 days later. On August 15 defendant put on his case, but the hearing was continued at plaintiffs’ request. The hearing was continued to…