Karamzai

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 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…