Lopes

Appellant brought an action in January of 1990 against respondents, who are his sisters, to set aside deeds executed by his father, who died in February of 1987, to real property in San Lorenzo, and to quiet title to and to partition that property, as well as two bank accounts, at American Savings and Loan Association in Hayward. By stipulation entered on June 26, 1990, the parties agreed to sell the real property and divide the net sales proceeds as “determined by the Court in further proceedings . . . .” The real property was thereafter sold in accordance with the terms of the stipulation.

On September 20, 1990, the parties agreed to submit the matter of the distribution of the proceeds of the sale to final and conclusive judicial arbitration, which would not be subject to a request for trial de novo. An arbitration hearing was held on April 16 and 23, 1991, and submitted to the arbitrator on the latter date. On April 29, 1991, the arbitrator rendered his decision which awarded appellant $93,199.24 and respondents $25,056.05 each from the proceeds of the sale of the property. The arbitrator’s award was filed the next day but never entered as a judgment.

Respondents’…