Brown

La Tanya Brown (plaintiff) allegedly was injured when she slipped and fell down three stairs on premises owned by Maurice and Rosemary Williams (defendants). Plaintiff filed suit against defendants, and was awarded nothing by the judicial arbitrator, then failed to timely request a trial de novo. Thus, the arbitration award became final.

Plaintiff sought relief from her failure to timely request a trial de novo pursuant to Code of Civil Procedure section 473, subdivision (b) and California Rules of Court, rule 1615(d), on the ground that it was due to the neglect of her attorney, and that such neglect entitled her to mandatory relief. The relief she requested was (1) to be allowed to file her belated request for trial de novo, and (2) to vacate the arbitration award. The trial court denied her motion for relief, and she now appeals from that order.

Factual and Procedural Background

Plaintiff sued defendants, who answered her complaint. At the July 1998 status conference, the case was ordered into judicial arbitration, which was to be concluded by September 30, 1998. Plaintiff’s counsel did not appear at the status conference, but notice of the ruling was served on him…