1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 In re the Arbitration of: ) Case No.

)
12 _________________ ) NOTICE OF PETITION AND PETITION TO
) VACATE AWARD OF ARBITRATOR;
13 Petitioner ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF
14 and ) ___________; EXHIBITS
)
15 _________________ )
) DATE:
16 Respondent ) TIME:
) DEPT:
17 ________________________________________ )

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24 address. Be sure to remove this notice and all other notices before
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using this document.
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- 1 -
NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR
 1 To view over 300 sample legal documents for California and
2

3
Federal litigation visit: http://www.scribd.com/LegalDocsPro
4 TO _______________________ AND THEIR ATTORNEY OF RECORD:
5
PLEASE TAKE NOTICE THAT on _____________, at ________.M., or as soon after that as
6
the matter can be heard, in Dept. ___________, of the above-entitled Court located at
7

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____________________________________________________, ______________________ will

9 move the Court for an order vacating the award of the arbitrator __________ on the grounds that

10 the USE ONE OF THE EXAMPLES BELOW THAT FITS YOUR PARTICULAR
11
SITUATION
12
(1) The award was procured by corruption, fraud or other undue means.
13
(2) There was corruption in any of the arbitrators.
14

15 (3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator.

16 (4) The arbitrators exceeded their powers and the award cannot be corrected without affecting
17
the merits of the decision upon the controversy submitted.
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(5) The rights of the party were substantially prejudiced by the refusal of the arbitrators to
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postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to
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21 hear evidence material to the controversy or by other conduct of the arbitrators contrary to the

22 provisions of this title.

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(6) An arbitrator making the award either: (A) failed to disclose within the time required for
24
disclosure a ground for disqualification of which the arbitrator was then aware; or (B) was subject to
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disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand
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27 to disqualify himself or herself as required by that provision.

28 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
 1
Authorities in support thereof, the files and records of this case, the declaration of _____________
2

3 and the Exhibits attached thereto, concurrently filed and served herewith, and on such other and

4 further oral and/or documentary evidence as may be presented at the hearing on this Petition.
5

6
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
7 NOTE THAT YOU MUST FILE THIS PETITION TO VACATE THE ARBITRATION

8 AWARD WITHIN 100 CALENDAR DAYS AFTER THE SERVICE OF A SIGNED COPY OF
9
THE AWARD ON YOU PURSUANT TO CODE OF CIVIL PROCEDURE 1288.
10

11
To purchase the entire 14 page document visit:
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https://legaldocspro.myshopify.com/products/sample-petition-
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to-vacate-arbitration-award-in-california
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NOTICE OF PETITION AND PETITION TO VACATE AWARD OF ARBITRATOR