Simpson v. Williams

Summary

The California Court of Appeal considers whether Code of Civil Procedure section 1013 extends the 30-day deadline under Business and Professions Code section 6204 for filing an action challenging an attorney-fee arbitration award. The court holds that section 1013 does not extend the deadline because the period runs from mailing rather than service, but relief under Code of Civil Procedure section 473 may excuse an untimely filing. The judgment confirming the arbitration award is reversed and the matter remanded for a hearing on the defendant's motion for declaratory relief.

Holdings

1. Section 1013 does not extend the 30-day period for commencing an action under Business and Professions Code section 6204 because section 6204 measures the period from mailing of the award, not service, and the specific provisions governing attorney-fee arbitration control over the general service-by-mail statute.
2. Section 473 relief is available in the context of attorney-fee arbitration proceedings even though Business and Professions Code sections 6203 and 6204 do not expressly mention section 473.
3. The judgment confirming Simpson's arbitration award must be reversed and the matter remanded for a hearing on Williams's motion for declaratory relief because his one-day delay resulted from his mistaken belief that section 1013 applied, and section 473 may provide relief.

Questions Presented

1. Whether Code of Civil Procedure section 1013 extends the 30-day period in Business and Professions Code section 6204 for commencing an action challenging an attorney-fee arbitration award.
2. Whether Code of Civil Procedure section 473 may provide relief from an untimely filing under Business and Professions Code sections 6203 and 6204 when the delay resulted from mistake, inadvertence, surprise, or excusable neglect.

Disposition

reversed_and_remanded