Hyatt v. Stern CA4/1
Defendant and appellant Paule Stern appeals a postjudgment order denying her motion to set aside an order and judgment confirming an arbitration award. The award was issued in a bar association fee arbitration program, in favor of plaintiff and respondent Richard V. Hyatt. Stern contends the trial court abused its discretion in denying her motion to set aside or quash the order confirming the arbitration award, on the grounds that her underlying petition to vacate the award should have been deemed timely, due to alleged defects in service of the award. [award can be vacated due to arbitrator misconduct or excess of powers, etc.].) Alternatively, she claims that if her earlier petition to vacate was not timely filed, it was delayed as a result of her excusable neglect and she sufficiently requested the court to allow her a hearing on it. We find no abuse of discretion or legal error in the trial court's evaluation of her claims and affirm the postjudgment order.
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