Q: If the time window allowing for a Request to Set a Hearing has passed, what other remedies are available to a Plaintiff?

A: In California, when the time window for requesting to set a hearing has expired and a plaintiff faces challenges like medical complications or denied motions, there are still several potential avenues to explore. If a motion to vacate an arbitration award has been denied and setting a hearing date is no longer viable, the plaintiff may consider filing an appeal against the decision to deny the motion, provided there are grounds that warrant appellate review, such as procedural errors or misinterpretation of the law.

Another option might be to seek a reconsideration of the motion under certain circumstances, especially if new evidence has come to light or there has been a change in the law that affects the case. This would require showing that there is a significant reason for the court to revisit its decision. Additionally, if the denial was based on a procedural issue, such as the claim of urgency not being substantiated, clarifying and providing detailed evidence of the urgency and how the medical complication impacted the plaintiff’s ability to participate could be crucial in a reconsideration request.

Lastly, consulting with an attorney who can evaluate the specifics of the case is crucial. An experienced attorney can provide guidance on the feasibility of appeals, the process for seeking reconsideration, or exploring other legal remedies that may be available. They can also advise on strategic steps to take next, including negotiating with the opposing party or seeking alternative dispute resolution methods if applicable and beneficial to the plaintiff’s case.