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Petition to Confirm or Vacate Arbitration Award

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Law Fin. Grp., LLC v. Key, No. S270798, 2023 Cal. LEXIS 3531 (June 26, 2023)

This decision holds that a party seeking to vacate an arbitration award must file a petition to vacate or a response (seeking vacatur) to a petition to confirm an arbitration award within 100 days of service of the arbitration award.  (CCP 1288, 1288.2.)  A response seeking to vacate is untimely if filed beyond that 100 day limit even if filed… Read More

JPV I L.P. v. Koetting, No. A163491, 2023 Cal. App. LEXIS 89 (Ct. App. Feb. 7, 2023)

The trial court abused its discretion in denying plaintiff's motion to amend the judgment (which confirmed an arbitration award in plaintiff's favor against two LLCs) to add two individual defendants as the LLCs' alter egos.  Two elements are needed to prove alter ego statues:  unity of interest and ownership and inequity resulting from treating the acts of the corporate entities… Read More

Vascos Excavation Grp. LLC v. Gold, 87 Cal. App. 5th 842 (2022)

This decision affirms a trial court order vacating an arbitration award in favor of an unlicensed contractor.  An award to an unlicensed contractor is in excess of the arbitrator's powers and contrary to public policy, providing grounds for vacatur of the award.  The trial court reviews the licensure issue de novo.  The contractor bears the burden of proof on the… Read More

Badgerow v. Walters, No. 20-1143, 2022 U.S. LEXIS 1794 (Mar. 31, 2022)

In Vaden v. Discover Bank (2009) 129 S.Ct. 1262, the Court held that under 9 USC 4, to determine whether a federal court has jurisdiction over a petition to compel arbitration, the court should "look through" the arbitration issue and determine whether the court would have jurisdiction of the underlying dispute in the absence of an arbitration agreement.  This decision… Read More