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Defendant Forfeited Arbitration by Not Paying Arbitrator’s Fee Within 30 Days of Due-Date

A defendant’s failure to pay an arbitrator’s fee within 30 days of the due date constituted a waiver of the contractual right to arbitration, Div. One of this district’s Court of Appeal has held, declaring that a Los Angeles Superior Court judge lacked the power to grant relief from the timeliness requirement of Code of Civil Procedure §1281.97.