Legal Opinion

Hardy v. Western Landscape Construction

California Court of Appeal

Decided April 4, 1983No. Civ. 26271PublishedCited by 8 opinions

1Opinion of the Court

Opinion

WIENER, Acting P. J.

Plaintiffs Robert Hardy and his wife appeal the order denying their motion to vacate a mandatory arbitration award pursuant to Code of Civil Procedure section 473. We reverse.

Under California Rules of Court, rule 1616(a) 2 a party may request a trial de novo by filing a request with the clerk of the court within 20 days after the arbitration award is filed. Rule 1615(c) 3 requires the clerk to enter the award as a

judgment after the 20-day period has expired if no party has served and filed a request for trial. The arbitration award has the same force and effect as a…

2Cases cited6 opinions

  1. Pacific Vegetable Oil Corp. v. C.S.T., Ltd.California Supreme Court · 1946
  2. Olson v. HickmanCalifornia Court of Appeal · 1972
  3. Alvarado v. City of Port HuenemeCalifornia Court of Appeal · 1982
  4. Romero v. HernCalifornia Court of Appeal · 1969
  5. Usher v. SoltzCalifornia Court of Appeal · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Beeman v. BurlingCalifornia Court of Appeal · 1990
  2. REO BROADCASTING CONSULTANTS v. MartinCalifornia Court of Appeal · 1999
  3. Kuykendall v. State Board of EqualizationCalifornia Court of Appeal · 1994
  4. In Re Vaccine CasesCalifornia Court of Appeal · 2005
  5. City of Clovis v. County of FresnoCalifornia Court of Appeal · 2014

3 more not listed; retrieve them via the Exa API.

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