Employment/consumer arbitration: drafting party must pay continuation fees within 30 days after due date

30 days after due date stated on the arbitration provider's invoice for fees to continue the arbitration, under Cal. Code Civ. Proc. 1281.98(a).

Rule text

(1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach. (2) ... Any extension of time for the due date shall be agreed upon by all parties.

Cal. Code Civ. Proc. 1281.98(a), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Due date stated on the arbitration provider's invoice for fees to continue the arbitration): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Code Civ. Proc. 1281.98(a)
(1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach. (2) ... Any extension of time for the due date shall be agreed upon by all parties.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Official source
  • Current text as amended by AB 1756 (Stats. 2023, ch. 478), eff. Jan. 1, 2024. Extensions of the due date require agreement of ALL parties. Default remedies under (b): withdraw to court (limitations tolled from first filing), continue, petition to compel payment, or pay and recover; mandatory monetary sanctions under 1281.99. Same roll and Hohenshelt caveats as arb_initiation_fees_30_days_after_due.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Due date stated on the arbitration provider's invoice for fees to continue the arbitration on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Due date stated on the arbitration provider's invoice for fees to continue the arbitration): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Current text as amended by AB 1756 (Stats. 2023, ch. 478), eff. Jan. 1, 2024. Extensions of the due date require agreement of ALL parties. Default remedies under (b): withdraw to court (limitations tolled from first filing), continue, petition to compel payment, or pay and recover; mandatory monetary sanctions under 1281.99. Same roll and Hohenshelt caveats as arb_initiation_fees_30_days_after_due.

Related deadlines

All California pre-suit, housing and employment deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.