Law Finance Group, LLC v. KeyAnnotate this Case
Code of Civil Procedure section 1288 requires that a petition to vacate an arbitration award must be filed and served no later than 100 days after service of the award. Section 1288.2 imposes the same deadline on a response to a petition to confirm an arbitration award when the response requests that the award be vacated. These deadlines are jurisdictional.
The Court of Appeal did not reach the substantive issue because it agreed with LFG that defendant did not timely request that the arbitration award be vacated. The court concluded that neither defendant's petition to vacate the arbitration award nor her request to vacate the award in her response to LFG's petition to confirm were filed within the 100-day limit. Therefore, the trial court lacked jurisdiction to consider defendant's request and the arbitration award must be confirmed.