This document is a notice of petition and petition to vacate an arbitration award filed in California Superior Court. It gives notice that a party will petition the court on a certain date to vacate an arbitration award due to claimed issues with the arbitration process such as corruption, misconduct, or the arbitrator exceeding their powers. The petition argues that the arbitration award should be vacated and bases this on documents submitted with the petition, including a memorandum of points and authorities and a supporting declaration with exhibits.

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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:
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NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR

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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:
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Arbitration-Award-in-California
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NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR