Legal Question in Business Law in California

Re: Hearing comming up on Jan 30 - what now ?

Gee. You could have saved $300 and possibly your case by filing an opposition to the motion back on 1-17 when it was due. But probably you lost the case when you lost the arbitration.

Re: Hearing comming up on Jan 30 - what now ?

The clerk was right to charge you $300; that's a standard fee for filing a party's first paper in any proceeding, whether lawsuit or petition. It may seem a bit unfair to charge defendants and respondents when they didn't start the proceeding, but that's the way it's done in California.

I am puzzled by the clerk's opinion that a different hearing date was necessary with respect to the paper you filed. I assume you are representing yourself. Possibly you erred in titling it a "Motion in Opposition" - thus creating in the clerk's mind a need to calendar it as a proceeding in itself. I think I would have called it "Opposition to Petition to Confirm Arbitration Award" and filed and served it as a responding paper to the Petition. A document that is truly a motion asks the court to take an action or make a ruling, rather than to present the other side's argument that an already-requested action or order should not be made.

If I'm right, the reason you couldn't use the 1/30 date is that it was too close to the date you filed your paper. This is probably why Mr. Stone makes a reference to 1/17.

Papers initiating a motion or petition are due sixteen (16) court days before the scheduled hearing; opposition papers (such as you should have been filing) are due nine (9) court days before the hearing; and reply papers are due five (5) court days before the hearing. See Code of Civil Procedure section 1005(b).

The Court may accept late-filed opposition or reply papers if they have been served, but may give them less weight or disregard them altogether, at the judge's discretion. Timely and proper service is important.

In your case, I think your best bet to have the papers you filed considered at all is to try to get them associated with the file the judge or his assistant will be studying in preparation for the 1/30 matter. This may happen anyway, since the court's file is probably pretty thin, and your 2/2 "Motion" will probably attract the judge's or law clerk's attention. Otherwise, if my analysis is correct, maybe the clerk can assist you. Remember that any explanation you file or mail should be served on your opponent (or his attorney, if represented).

Finally, I should point out that the grounds upon which one can prevent entry of judgment on an arbitration award are quite narrow. This is not an appeal process, where you can question the arbitrator's wisdom or knowledge of the law or facts. There must be a procedural error invalidating the arbitration process, such as an award that steps outside the matters submitted for decision.