Petitions and Responses in Arbitration

Code of Civil Procedure Part 3, Title 9, Chapter 5, Article 1 deals with petitions and responses in judicial proceedings related to arbitration.

Section 1290 provides that a proceeding under this title in the courts of this State is commenced by filing a petition. Any person named as a respondent in a petition may file a response. The allegations of a petition are deemed to be admitted by a respondent duly served unless a response is duly served and filed. The allegations of a response are deemed controverted or avoided.

Section 1290.2 requires a petition under this title to be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days’ notice of the date set for the hearing on the petition must be given.

Section 1290.4 states that a copy of the petition and a written notice of the time and place of the hearing must be served in the manner provided in the arbitration agreement for the service of the petition and notice. However, if the arbitration agreement does not provide the manner in which service is to be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision.

Section 1290.6 requires a response to be served and filed within 10 days after service of the petition. The time provided in this section for serving and filing a response may be extended by an agreement in writing between the parties to the court proceeding or, for good cause, by order of the court.

Section 1290.8 requires a response to be served as provided by law.

Section 1291 requires a statement of decision to be made by the court whenever an order or judgment, except a special order after final judgment, is made that is appealable under this title.

Section 1291.1 provides that, in all proceedings brought under the provisions of this title, all courts wherein these proceedings are pending are required to give the proceedings preference over all other civil actions or proceedings.