Karamzai v. Digitcom

Karamzai v. Digitcom (1996) 51 Cal.App.4th 547 involved section 1141.20, subdivision (a), which provides that "an arbitration award shall be final unless a request for a de novo trial is filed within 30 days after the date the arbitrator files the award with the court." In Karamzai, the trial court ordered the parties to participate in judicial arbitration. The plaintiff later asked the court to continue the arbitration date. The court agreed, but added the proviso that any request for a trial de novo must be filed within 10 days after the award. The defendants were not present when the court issued this order. The arbitrator subsequently awarded judgment for the plaintiff. At a status conference 11 days later, one of the defendants attempted to file a request for a trial de novo, but the court refused to accept it pursuant to its earlier order shortening time from 30 days to 10 days. The appellate court held this was error, and reversed. "A trial court does not have inherent or unrestricted power to extend or shorten the time specified by the Legislature in which an act in a civil action must be done. Rather, the court has such power only to the extent granted by the Legislature. The Legislature has given trial courts broad authority to extend the time in . . . which an act must be done. . . . "The Legislature has not granted such sweeping authority to the courts to shorten time. However, the Legislature has included specific authorizations to shorten time, or to alter time limits, in a number of individual sections which contain time limits including section 1005. . . . ". . . The California Rules of Court make it clear that the 30-day period in section 1141.20, subdivision (a) may not be extended. (Cal. Rules of Court, rule 1616(a).) There is no provision authorizing the court to shorten the time within which a party may request a de novo trial. "From this specific prohibition against extending time, and the lack of any authorization to shorten time, we conclude that a trial court has no authority to alter the time in which a party must file a request for a de novo trial. . . ." (Karamzai v. Digitcom, supra, 51 Cal.App.4th at pp. 550-551.)