PRETRIAL ADJUDICATION
...Judicial Arbitration
......Motion to Vacate
 15 Cards On This Topic:
  • Judicial arbitration award may only be attacked or set aside as provided in Code Civ. Proc. §1286.2, Code Civ. Proc. §473 or Judicial Council Rule.
  • Rule 3.828 sets forth grounds on which to vacate award; only party against whom judgment is entered may move to vacate.
  • Party may move to vacate on the ground arbitrator was subject to disqualification not disclosed before the hearing and of which arbitrator was then aware.
  • Party must move to vacate within 6 months after entry of arbitration award.
  • Motion to vacate judicial arbitration award judgment may be made on ground that award procured by corruption, fraud or other undue means.
  • Party against whom judgment entered may move to vacate award if rights substantially prejudiced by misconduct of neutral arbitrator.
  • Notice of motion to vacate must be given to all parties and arbitrator.
  • Party against whom judgment after judicial arbitration entered may move to vacate on grounds set forth in Code Civ. Proc. §473.
  • Ct may relieve party from judgment or other proceeding taken against him/her through his/her "mistake, inadvertence, surprise, or excusable neglect."
  • Motion to vacate granted only upon clear and convincing evidence that motion made as soon as practicable after moving party learned of grounds.
  • Motion to set aside default must be made to trial ct. after award becomes final judgment; absolutely no provision for making such motion before arbitrator.
  • Arbitrator's delay, violating [former] rule 1605 (b) 60-day hearing mandate, is reversible error even without motion to vacate because arbitrator subject to disqualification.
  • Motion to vacate award required if arbitrator violates [former] CRC rule 1605 (b); failure to set timely hearing may thus be grounds for disqualification.
  • No jurisdiction to modify arb award to reflect setoff on previous claim without motion to vacate on grounds in Code Civ. Proc. §473, Code Civ. Proc. §1286.2 or (former) Rule 1615(d) or request for trial de novo.
  • Where P can't participate in arbitration due to counsel's negligence, and award becomes final due to attorney misfeasance, mandatory provision of CCP 473 applies and judgment must be vacated.


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