Sample petition to vacate arbitration award in California

LegalDocsPro
LegalDocsProLegal entrepreneur and retired litigation paralegal em LegalDocsPro

This sample petition to vacate an arbitration award in California pursuant to Code of Civil Procedure section 1286.2 can be used on one or more of several grounds including (1) The award was procured by corruption, fraud or other undue means; (2) There was corruption in any of the arbitrators; (3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator; (4) The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted; (5) The rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the provisions of this title, and (6) An arbitrator making the award either: (A) failed to disclose within the time required for disclosure a ground for disqualification of which the arbitrator was then aware; or (B) was subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision. The sample on which this preview is based is 14 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample documents for sale.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
In re the Arbitration of:
_________________
Petitioner
and
_________________
Respondent
________________________________________
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Case No.
NOTICE OF PETITION AND PETITION TO
VACATE AWARD OF ARBITRATOR;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
___________; EXHIBITS
DATE:
TIME:
DEPT:
To subscribe to my FREE weekly legal newsletter visit
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
address. Be sure to remove this notice and all other notices before
using this document.
- 1 -
NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR
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To view over 300 sample legal documents for California and
Federal litigation visit: http://www.scribd.com/LegalDocsPro
1TO _______________________ AND THEIR ATTORNEY OF RECORD:
PLEASE TAKE NOTICE THAT on _____________, at ________.M., or as soon after that as
the matter can be heard, in Dept. ___________, of the above-entitled Court located at
____________________________________________________, ______________________ will
move the Court for an order vacating the award of the arbitrator __________ on the grounds that
the USE ONE OF THE EXAMPLES BELOW THAT FITS YOUR PARTICULAR
SITUATION
(1) The award was procured by corruption, fraud or other undue means.
(2) There was corruption in any of the arbitrators.
(3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator.
(4) The arbitrators exceeded their powers and the award cannot be corrected without affecting
the merits of the decision upon the controversy submitted.
(5) The rights of the party were substantially prejudiced by the refusal of the arbitrators to
postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to
hear evidence material to the controversy or by other conduct of the arbitrators contrary to the
provisions of this title.
(6) An arbitrator making the award either: (A) failed to disclose within the time required for
disclosure a ground for disqualification of which the arbitrator was then aware; or (B) was subject to
disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand
to disqualify himself or herself as required by that provision.
The Petition shall be based upon this notice, the attached Memorandum of Points and
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NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR
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Authorities in support thereof, the files and records of this case, the declaration of _____________
and the Exhibits attached thereto, concurrently filed and served herewith, and on such other and
further oral and/or documentary evidence as may be presented at the hearing on this Petition.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
NOTE THAT YOU MUST FILE THIS PETITION TO VACATE THE
ARBITRATION AWARD WITHIN 100 CALENDAR DAYS AFTER THE SERVICE OF A
SIGNED COPY OF THE AWARD ON YOU PURSUANT TO CODE OF CIVIL
PROCEDURE § 1288.
Note that the Petitioner is the person who filed the Request for
Arbitration that resulted in the Arbitration award, which may NOT be
the person filing this Petition. In other words if you filed the Request
for Arbitration you should be listed as the Petitioner in the caption on
page 1, if the other party filed the Request for Arbitration then you
should be listed as the Respondent in the caption on page 1. Check
with the clerk of the Court to verify this as each County may have their
own particular requirements.
To view the 14 page sample document on which this preview is
based visit:
https://www.scribd.com/doc/258674637/Sample-Petition-to-Vacate-
Arbitration-Award-in-California
- 3 -
NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR

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Sample petition to vacate arbitration award in California

  • 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ In re the Arbitration of: _________________ Petitioner and _________________ Respondent ________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ___________; EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. - 1 - NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To view over 300 sample legal documents for California and Federal litigation visit: http://www.scribd.com/LegalDocsPro 1TO _______________________ AND THEIR ATTORNEY OF RECORD: PLEASE TAKE NOTICE THAT on _____________, at ________.M., or as soon after that as the matter can be heard, in Dept. ___________, of the above-entitled Court located at ____________________________________________________, ______________________ will move the Court for an order vacating the award of the arbitrator __________ on the grounds that the USE ONE OF THE EXAMPLES BELOW THAT FITS YOUR PARTICULAR SITUATION (1) The award was procured by corruption, fraud or other undue means. (2) There was corruption in any of the arbitrators. (3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator. (4) The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted. (5) The rights of the party were substantially prejudiced by the refusal of the arbitrators to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the provisions of this title. (6) An arbitrator making the award either: (A) failed to disclose within the time required for disclosure a ground for disqualification of which the arbitrator was then aware; or (B) was subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision. The Petition shall be based upon this notice, the attached Memorandum of Points and - 2 - NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Authorities in support thereof, the files and records of this case, the declaration of _____________ and the Exhibits attached thereto, concurrently filed and served herewith, and on such other and further oral and/or documentary evidence as may be presented at the hearing on this Petition. Dated________________ _______________________________________________ ANY ATTORNEY OR PARTY NOTE THAT YOU MUST FILE THIS PETITION TO VACATE THE ARBITRATION AWARD WITHIN 100 CALENDAR DAYS AFTER THE SERVICE OF A SIGNED COPY OF THE AWARD ON YOU PURSUANT TO CODE OF CIVIL PROCEDURE § 1288. Note that the Petitioner is the person who filed the Request for Arbitration that resulted in the Arbitration award, which may NOT be the person filing this Petition. In other words if you filed the Request for Arbitration you should be listed as the Petitioner in the caption on page 1, if the other party filed the Request for Arbitration then you should be listed as the Respondent in the caption on page 1. Check with the clerk of the Court to verify this as each County may have their own particular requirements. To view the 14 page sample document on which this preview is based visit: https://www.scribd.com/doc/258674637/Sample-Petition-to-Vacate- Arbitration-Award-in-California - 3 - NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR