Deadlines, Vacatur: Party Challenging Arbitration Award Must Satisfy Deadlines After Service Of Petition To Confirm Or Service Of The Award

Party Seeking To Vacate Arbitration Award Must Satisfy Separate Deadlines.

The thirty-two page slip opinion in Valencia v. Mendoza, B325803 (2/7  7/1/24) (Feuer, Martinez, Segal) affirms a $432 K award in favor of plaintiffs/respondents the Valencias. The underlying dispute concerned failure to disclose defects in a home sale.

The most important point relates to deadlines to challenge an award. The challenger seeking to vacate the award must respond within 10 days to service of a petition to confirm the award, and within 100 days to service of the award. And, not or: the challenger must satisfy both deadlines. Here, Mendoza satisfied the 100-day deadline, but not the 10 day deadline, which put Mendoza behind the 8 ball.

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