California Court of Appeal

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Abers v. Rohrs, G047034

The trial court's order dismissing plaintiffs' petition to vacate an arbitration award setting the allowable increases in monthly rent charged by the defendant-trust that owns the property on which their homes are situated is affirmed, where: 1) plaintiffs failed to properly serve the defendant-trustees with their petition to vacate within 100 days of service of the award, as required by Code of Civil Procedure section 1288; 2) plaintiff's argument that they complied with lease provisions failed because the lease provisions apply only to the manner in which notices respecting the leases may be sent; 3) the trial court did not abuse its discretion by refusing to treat the petition as though it had been filed under the still-pending declaratory relief case number; 4) equity does not compel a finding that the trustees are estopped from claiming service was improper; and 5) Code of Civil Procedure section 473 cannot provide relief because once jurisdiction is lost, it cannot be retroactively reinstated.

Appellate Information

  • Decided 07/15/2013
  • Published 07/15/2013

Judges

  • RYLAARSDAM

Court

  • California Court of Appeal

Counsel

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