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A party cannot challenge an arbitration award after the deadline to challenge has passed, an appellate court in California held.
In Ayele v. Kaiser Foundation Health Plan, Inc., No. A110691, A111346, 2007 WL 247672 (Cal. Ct. App. 1 Dist. Jan. 30, 2007), Ginbineh Ayele was treated with Haloperidol. Ayele brought a product liability suit against the manufacturer of the drug. The manufacturer demurred and Ayele amended its complaint to name Kaiser as a defendant. The dispute was arbitrated and an award was issued in favor of Kaiser.
The Court rejected Ayele's arguments in favor of vacating the award. Ayele failed to appeal the award within the 100 day time period allowed. See Cal. Code. P. § 1288. The Court emphasized the importance of timely resolution of disputes, enforced by such deadlines, see Knass v. Blue Cross of California, 228 Cal.App.3d 390, 393-396 (Cal. Ct. App.4d 1991), and Ayele presented no evidence that his concerns could not have been addressed by a timely petition to vacate.
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