Legal Question in Civil Litigation in California

Condo/Civil Arbitration Request Procedure/Due Process

CA Civil Code 1354(j) requires that a copy of 1354 be included with any request to an Owner of an individual unit for Alternate Dispute Resolution.

If such a request does NOT include the copy of the Code Section, but otherwise complies with the code, -

- Does that constitute DEPRIVATION OF PROCEDURAL DUE PROCESS?


Asked on 4/05/00, 7:49 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Condo/Civil Arbitration Request Procedure/Due Process

Doubt it. The court is probably not going to entertain such a grand argument since this is not dealing with some fundamental right. However, you can try bringing a demurrer or motion to strike against the other party's complaint after it's been filed, as explicitly provided for in Sec. 1354(c), on the grounds that the Request for Resolution was defective. On the other hand, your entire question might be moot if the Request for Resolution is not required, as in the situations described in the rest of 1354(c).

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Answered on 4/18/00, 11:10 pm


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