Employment/consumer arbitration: drafting party must pay initiation fees within 30 days after due date
30 days after due date stated on the arbitration provider's invoice for initiation fees, under Cal. Code Civ. Proc. 1281.97(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, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an 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 arbitration under Section 1281.2. (2) ... To avoid delay, absent an express provision in the arbitration agreement stating the number of days in which the parties to the arbitration must pay any required fees or costs, the arbitration provider shall issue all invoices to the parties as due upon receipt.
Calculate this deadline
Deadline
Monday, December 7, 2026
- Trigger (Due date stated on the arbitration provider's invoice for initiation fees): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- 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. 1281.97(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, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an 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 arbitration under Section 1281.2. (2) ... To avoid delay, absent an express provision in the arbitration agreement stating the number of days in which the parties to the arbitration must pay any required fees or costs, the arbitration provider shall issue all invoices to the parties as due upon receipt.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 SB 762 (Stats. 2021, ch. 222). No 2024 amendment to 1281.97 appears in the history line; SB 365 (2023) concerns appeals from orders denying arbitration (CCP 1294), not these periods (not fetched); no SB 940 amendment appears in these sections' history lines. Absent an agreement term, invoices are 'due upon receipt', so the trigger is usually the invoice receipt date. Weekend/holiday roll: CCP 12a likely applies to this statutory period (AMBIGUITY: no case verified; DRAFTING PARTIES should pay before the unrolled 30th day). CASE LAW (not fetched from an official source; verify): the California Supreme Court in Hohenshelt v. Superior Court (2025) held the statute is not preempted by the FAA but construed it to allow relief from forfeiture where nonpayment was not willful, grossly negligent, or fraudulent; a missed date may therefore not be automatically fatal, but do not rely on that.
- 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 initiation fees on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Due date stated on the arbitration provider's invoice for initiation fees): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Current text as amended by SB 762 (Stats. 2021, ch. 222). No 2024 amendment to 1281.97 appears in the history line; SB 365 (2023) concerns appeals from orders denying arbitration (CCP 1294), not these periods (not fetched); no SB 940 amendment appears in these sections' history lines. Absent an agreement term, invoices are 'due upon receipt', so the trigger is usually the invoice receipt date. Weekend/holiday roll: CCP 12a likely applies to this statutory period (AMBIGUITY: no case verified; DRAFTING PARTIES should pay before the unrolled 30th day). CASE LAW (not fetched from an official source; verify): the California Supreme Court in Hohenshelt v. Superior Court (2025) held the statute is not preempted by the FAA but construed it to allow relief from forfeiture where nonpayment was not willful, grossly negligent, or fraudulent; a missed date may therefore not be automatically fatal, but do not rely on that.
Related deadlines
- Employment/consumer arbitration: drafting party must pay continuation fees within 30 days after due date (30 days after)
- Attorney fee arbitration (MFAA): client requests arbitration within 30 days after receipt of attorney's notice of right to arbitrate (30 days after)
- Attorney fee arbitration (MFAA): reject non-binding award and seek trial within 30 days after service of notice of award (30 days after)
- Attorney fee arbitration: defendants' responsive pleading 30 days after service of plaintiff's rejection of award (30 days after)
- Attorney fee arbitration: defendants' responsive pleading 30 days after filing of defendant's rejection of award (30 days after)
- UM arbitration: insured must furnish wage-loss information or medical record releases within 10 days of a renewed (subd. (o)) request (10 days after)
- UM arbitration: insurer-arranged medical exam under subd. (o) must be set not later than 20 days after request (and not sooner than 10 days unless insured agrees) (20 days after)
- UM arbitration: last day for insurer to make subd. (o) wage/medical/exam request (more than 30 days before arbitration commences) (31 days before)
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.