Arbitration: LASC Appellate Division Opinion Gives Guidance On MFAA Service Deadlines And Equitable Relief Theories

Technical Discussions Across The Board, But Deadlines For Practitioners To Keep In Mind.

            Folke v. Pulliam, Case No. BV033781 (L.A. Super. Ct. Oct. 6. 2023, posted for publication on Nov. 1, 2023) did consider the timeliness of serving a petition to vacate an arbitration award rendered under the Mandatory Fee Arbitration Act, Bus. & Prof. Code, § 6200 et seq. (“MFAA”).  Here are the takeaways from this opinion:  (1) if no judicial action is pending, service cannot be made via mail in the absence of serving by mail with a notice and an acknowledgment; (2) normally, a petition to confirm, correct, or vacate the award must be filed and served 100 days after service of the award; and (3) a lower court can grant equitable relief from the late service, per Law Finance Group, LLC v. Key, 14 Cal.5^th 932, 956-960 (2023) based on estoppel tolling and equitable estoppel if it meets a three-part test of timely notice to the opposing party, lack of prejudice to the opposing party, and reasonable and good faith conduct by the moving party.  Because there was no developed record on the equitable relief issues, the denial of the petition to vacate was reversed and remanded.