Legal Question in Civil Litigation in California
forms use to respond to a civil court appeal
I Won an award in Arbitration from the CSLB and Contractor appealed, CSLB denied Contractors appeal and now he has taken it to Superior Civil Court in Calfornia requesting them to vacate or reduced the Award. I need to respond but do not know which form to use.
3 Answers from Attorneys
Re: forms use to respond to a civil court appeal
You have to file a Motion to Confirm the Arbitration Award for a monetary judgment. You can also file your judgment claim against the contractor's bond maybe. Please contact us if you have any more questions.
Re: forms use to respond to a civil court appeal
You need to oppose the request with your own declarations, evidence, and Points and Authorities.
You should also consider filing your own Petition to Confirm the Arbitration Award. If granted, this will reduce your Award to a judgment. And only by reducing it to a judgment can the Award be enforceable via regular enforcement procedures.
Re: forms use to respond to a civil court appeal
Also check any agreements that control the process to see what is required, are you entitled to attorney fees, etc. Check with the License Bureau as to what help they can give you. Usually one would treat the case as starting all over again as though it had never been tried, so you have t look if there are special rules for this procedure