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How do I respond to a petition to Vacate an Arbitration Award in Santa Monica, CA superior court?
Anonymous2 views5 answers
Hi:
I arbitrated against someone in CA who bought my business and didn't pay. I won $30,000 in arbitration. They have filed a petition to vacate the arbitration award. I am told I need to file a motion to dismiss it based on (a) they filed it past the 100 day deadline given to attempt vacate an award (b) it is a frivolous filing as there is NO substance to what they are trying to do. How do I file this? Do I also send them a copy of it? How long until I find out if the judge dismisses it? They were assigned a July court date, but if its thrown out am I notified of that before the court date? Or how does it work? Also, they won't travel to CA for the hearing so are they allowed to do it telephonically in CA? The arbitration allowed for telephonic hearings.....
thank you!
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
You need to file a timely response to the motion to vacate. Your response should include a request to confirm the award. Your time to respond to the petition to vacate is governed by the hearing date. I too advise against doing this yourself -- if you want the award to stand. If the petition is indeed frivolous you may be entitled to sanctions under Code of Civil Procedure 128.7. In most cases, depending on the court’s policy re tentative rulings, you will also have to attend the hearing on the motion and prepare and appropriate order. [See, Code of Civil Procedure sections 12895-1288.8]. – Michael
The best way to file this would be to hire an attorney in the Los Angeles area. There are many fabulous and experienced attorneys right here on --give one of them a call!
There is enough at stake here that you would be better served to hire an attorney to help you oppose the attempt to vacate the arbitration award. If you do not respond properly, the court could grant the petition and vacate your award.
Your questions are well taken, but cannot be answered in a short summary. These are complicated proceedings governed by strict statutory requirements. I recommend that you retain a litigation or appellate attorney who is familiar with post-arbitration proceedings in the trial and appellate courts.
