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Bullard v. California State Automobile Association5/10/2005
granted relief and ordered CSAA to file the opposition on April 5, 2004, a week before the hearing on the Bullard's motion to compel arbitration. There is nothing in the record to suggest the Bullards sought a continuance of the hearing. In any event, CSAA would have been entitled to argue the merits of its opposition to the petition to compel arbitration at the April 12 hearing, even if the court had denied relief under Code of Civil Procedure section 473. It is unlikely the trial court would have ruled differently in the absence of written opposition.
DISPOSITION
The order is affirmed. Respondents shall recover their costs on appeal. (Cal. Rules of Court, rule 27(a).)
We concur: SIMS, Acting P.J., ROBIE, J.
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