McAvoy

McAvoy v. Harvey L. Lerer, Inc.

Good Law
1995 Cal. App. LEXIS 553·35 Cal. App. 4th 1128·41 Cal. Rptr. 2d 803·95 Daily Journal DAR 7847·95 Cal. Daily Op. Serv. 4605
Court of Appeal of CaliforniaJune 15, 1995B084592California1,172 words

Opinion

Opinion

Armstrong, J.

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

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