Soni v. SimpleLayers, Inc.
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Under the LACBA's Rules for Conduct of Mandatory Arbitration of Fee Disputes Pursuant to Business & Professions Code Section 6200 et seq., service is complete at the time of deposit in the mail and not extended for service by mail. In this case, the Court of Appeal held that the arbitration award became binding when the attorney did not file an action within 30 days after service, and section 6206 did not extend the deadline. Therefore, the attorney was barred under Code of Civil Procedure section 1288 from asserting a ground that supports vacating the award, because the attorney did not file a petition or a response within 100 days of service of the award.
Furthermore, even if the attorney was not barred from raising arbitrability issues, the LACBA rules provide that the arbitrator has the authority to determine jurisdiction and the arbitrator’s ruling that the fee dispute was arbitrable was not reviewable for errors of law or fact. Accordingly, the court reversed the trial court's judgment denying the petition to confirm the arbitration award.
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