Bosworth v. Whitmore

Opinion

WILLHITE, J.

INTRODUCTION

Robert S. Whitmore, chapter 7 trustee for the estate of defendant Grover Joseph Harvey McCoy, prosecutes this appeal from a judgment confirming an arbitration award against McCoy and codefendant McCoy Creative Contractors and Interiors, Inc. 1 The judgment found McCoy and the corporation liable to plaintiffs Brian K. and Katherine Bosworth for damages of $2,067,860.43, and attorney fees and costs of $494,829.43.

We hold that absent a completion date set by agreement, Code of Civil Procedure section 1283.8 gives the trial court the authority, on petition by a…