California Supreme Court Watch

#21-519 Law Finance Group, LLC v. Key, S270798. (B305790; 67 Cal.App.5th 307; Los Angeles County Superior Court; 19STCP04251.) Petition for review after the Court of Appeal reversed the judgment in a civil action. This case includes the following issue: Does equitable tolling apply to the 100-day deadline in Code of Civil Procedure section 1288.2 to serve and file a request to vacate an arbitration award in a response to a petition to confirm the award?

Petition for review granted: 11/10/2021

Case fully briefed: 5/02/2022

Cause argued and submitted: 4/04/2023

Opinion filed: Judgment reversed: 6/26/2023

See the Court of Appeal Opinion.

See the Petition for Review.

See the Answer to Petition for Review filed by Greines, Martin, Stein & Richland

See the Answer Brief on the Merits filed by Greines, Martin, Stein & Richland

See Law Finance Group LLC’s Consolidated Response to Amicus Briefs filed by Greines, Martin, Stein & Richland

See the Oral Argument.

In the News:  Cutler, California High Court Mulls Timing to Vacate Arbitration Awards, Bloomberg Law (Apr. 4, 2023).

In the News:  Tardiness in Attacking Arbitration Award Not Always Fatal, Metropolitan News-Enterprise (June 27, 2023).

See the California Supreme Court Opinion.  (Law Finance Group, LLC v. Key (2023) 14 Cal.5th 932.)

“Law Finance Group, LLC, prevailed in an arbitration against Sarah Plott Key and filed a petition to confirm the award. Key filed a response seeking vacatur of the award, but she did so outside the 100-day deadline prescribed by Code of Civil Procedure section 1288.2. The primary questions now before us are whether, as the Court of Appeal held, this 100-day deadline is jurisdictional and, if not, whether the deadline is subject to the equitable doctrines of tolling and estoppel. We hold that the section 1288.2 deadline neither is jurisdictional nor otherwise precludes equitable tolling or estoppel. We remand for the Court of Appeal to determine in the first instance whether Key is entitled to equitable relief from the deadline.”

Justice Kruger authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Liu, Groban, Jenkins, and Evans concurred.