Code of Civil Procedure § 1281.99
Mandatory sanctions for an arbitration-fee breach
When a drafting party misses the arbitration-fee deadlines, the court must impose monetary sanctions — including the employee’s attorney’s fees caused by the breach.
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Overview
Code of Civil Procedure section 1281.99 supplies the enforcement teeth for the arbitration-fee deadlines. Where a drafting party materially breaches sections 1281.97 or 1281.98 by paying late, section 1281.99 requires the court to impose monetary sanctions — making the fee rules self-enforcing rather than merely aspirational.
Mandatory sanctions ensure that a drafting party cannot treat a late fee payment as a costless tactic; the breach carries a guaranteed financial consequence in addition to the employee’s right to elect a judicial forum.
Mandatory sanctions
On a material breach of section 1281.97 or 1281.98, the court shall impose a monetary sanction against the drafting party, ordering it to pay the reasonable expenses — including attorney’s fees and costs — the employee incurred as a result of the breach.
Beyond the mandatory award, the statute authorizes the court, in its discretion, to impose additional sanctions, including evidentiary, terminating, or contempt sanctions, to address the breach.
Why it matters
By converting the fee deadlines of sections 1281.97 and 1281.98 from precatory standards into mandatory sanctions, section 1281.99 changes the incentives that previously allowed drafting parties to delay. The provision is the reason the fee deadlines are taken seriously. (See § 1281.97; § 1281.98.)
Practice notes
When a drafting party misses an arbitration-fee deadline, move for mandatory sanctions under section 1281.99 in addition to electing to proceed in court, and document the fees and costs the breach caused. Consider seeking discretionary sanctions where the conduct warrants.
Related on this site
Practitioner analysis, current as of June 2026 — not the statute itself. Statutes are amended and decisional law evolves; confirm the operative language and current authority at the official source before relying.