Legal Question in Civil Litigation in California

I had an arbitration in CA. I lost but the arbitrator has not filed or entered anything with the clerk of the court yet. The only thing he has said is that he granted a motion for summary judgment in favor of the defendant's. How do I challenge it? There is a motion to cofirm the award coming up. I did do opposition papers but shouldn't I file an Order to show cause why the case should not be dismissed and a request for a trial de novo and a petition to vacate the award?


Asked on 9/22/10, 7:47 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Is this really the first time you've sought advice from a lawyer? Your first mistake was signing an arbitration agreement. Next you should have gone to court to attempt to have the arbitration agreement voided. Now, assuming this is a binding arbitration, you are really in the soup. If you think you know how, you could possibly file the papers you are talking about, but I'm not optimistic.

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Answered on 9/27/10, 8:18 am
Anthony Roach Law Office of Anthony A. Roach

Your post is very confusing. There are several different ways in which the parties end up in arbitration, and it is not clear which one you are referring to.

First, the parties to a contract or any dispute may contract to engage in arbitration. In that situation, it is called "contractual arbitration" if the aprties have agreed to resolve their dispute by arbitration, rather than litigation. In that situation, it is the agreement that determines the details of the process. Contractual arbitration awards are BINDING on the parties. Only under very limited cricumstances can a court review the correctness of the arbitration decision. The parties only file what is known as a petition to confirm the arbitration award, which causes an enforceable judgment to be entered. It is not a chance for de novo review. Depending on the forum, and the arbitration clause, there are several different statutes of limitation for a party to file a petition to confirm an arbitration award.

Second, there is a form of arbitration that is known as judicial arbitration. The term arbitration is a misnomer, because it is not binding. It occurs during litigation, when the judge orders the party to a form of arbitration, and the parties are given the opporunity to file a request for a trial de novo, if they are unhappy with the award.

An attorney would have to review your matter, including relevant documents, to tell you where your rights and remedies are.

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Answered on 9/27/10, 2:09 pm


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