Legal Question in Civil Litigation in California

Re: Enforcing an Award from Contractors State License Board Arbitration

The procedure for enforcing awards can be found in the Code of Civil Procedure starting with section 1285. (See below for details.) However, if court enforcement is necessary, an attorney should be consulted.

Consumers wishing to appeal an award in court must do so at their own expense. The consumer should also notify the CSLB's Sacramento Case Management office. The board will investigate the report of noncompliance and if appropriate, suspend the contractor's license.

CCP s 1285. Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.

1285.2. A response to a petition under this chapter may request the court to ... confirm ... the award.

1285.4. A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate.(b) Set forth names of the arbitrators.(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

1285.8. A petition to correct or vacate an award, or a response requesting such relief, shall set forth the grounds on which the request for such relief is based.

1286. If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.

1286.6. Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if the court determines that: (a) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;(b) The arbitrators exceeded their powers but the award may be corrected without affecting the merits of the decision upon the controversy submitted; or (c) The award is imperfect in a matter of form, not affecting the merits of the controversy.

1287.4. If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be enforced like any other judgment of the court in which it is entered, in an action of the same

jurisdictional classification.

1287.6. An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the arbitration.