Title CCP — California Code Civ. Proc.

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.

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 dismi…

(a) Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: (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 p…

The court may not vacate an award unless: (a) A petition or response requesting that the award be vacated has been duly served and filed; or (b) A petition or response requesting that the award be corrected has been duly served and filed and; (1) All petitioners and respondents a…

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 perso…

The court may not correct an award unless: (a) A petition or response requesting that the award be corrected has been duly served and filed; or (b) A petition or response requesting that the award be vacated has been duly served and filed and: (1) All petitioners and respondents …

If the award is vacated, the court may order a rehearing before new arbitrators. If the award is vacated on the grounds set forth in paragraph (4) or (5) of subdivision (a) of Section 1286.2, the court with the consent of the parties to the court proceeding may order a rehearing …

The court shall dismiss the proceeding under this chapter as to any person named as a respondent if the court determines that such person was not bound by the arbitration award and was not a party to the arbitration.

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 en…

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.

A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of t…

A response requesting that an award be vacated or that an award be corrected shall be served and filed not later than 100 days after the date of service of a signed copy of the award upon: (a) The respondent if he was a party to the arbitration; or (b) The respondent’s representa…

No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner.

If an application is made to the arbitrators for correction of the award, a petition may not be served and filed under this chapter until the determination of that application.

If an application is made to the arbitrators for correction of the award, the date of the service of the award for the purposes of this article shall be deemed to be whichever of the following dates is the earlier: (a) The date of service upon the petitioner of a signed copy of t…

The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independe…

A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. However, a party is not precluded from raising such a plea by the fact that he or she has appointed, or participated in the appointment of, an a…

A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.

The arbitral tribunal may, in either of the cases referred to in Sections 1297.162 and 1297.163, admit a later plea if it considers the delay justified.

The arbitral tribunal may rule on a plea referred to in Sections 1297.162 and 1297.163 either as a preliminary question or in an award on the merits.

If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the superior court, within 30 days after having received notice of that ruling, to decide the matter or shall be deemed to have waived objection to such finding.

While a request under Section 1297.166 is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award.

(a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures of protection. (b) An interim measure of protection, or interim measure, is any temporary measure, whether in the form of an award or in another form, by which…

(a) The party requesting an interim measure under paragraph (1), (2), or (3) of subdivision (b) of Section 1297.171 shall satisfy the arbitral tribunal that both of the following conditions are met: (1) Harm not adequately reparable by an award of damages is likely to result if t…

(a) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested. (b) The arbitral…

(a) Immediately after the arbitral tribunal has made a determination with respect to an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary o…

The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party, or in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal’s own initiative.

(a) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure. (b) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless…

(a) The arbitral tribunal may require any party to promptly disclose any material change in the circumstances on the basis of which the measure was requested or granted. (b) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that …

The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or order should not have been gr…

(a) An interim measure issued by an arbitral tribunal shall be recognized as final and binding, and, unless otherwise provided by the arbitral tribunal, may be enforced upon application to the superior court subject to the provisions of Section 1297.180. Nothing herein is intende…

(a) Recognition or enforcement of an interim measure may be refused only: (1) At the request of the party against whom it is invoked if the court is satisfied that any of the following conditions are met: (A) A party to the arbitration agreement was under some incapacity, or the …

For the purposes of this chapter, the following definitions shall apply: (a) “Personal property” means personal property falling within the definition of “unclaimed property” under the provisions of this title; (b) “Real property” means real property falling within the definition…

The care and custody of all property delivered to the Treasurer or Controller pursuant to this title is assumed by the State for the benefit of those entitled thereto, and the State is responsible for the payment of all claims established thereto pursuant to law, less any lawful …

In connection with all unclaimed property, the Controller has all of the powers necessary in order to safeguard and conserve the interests of all parties, including the State, having any vested or expectant interest in such unclaimed property. His powers include, but are not limi…

The Controller may sell or lease personal property at any time, and in any manner, and may execute those leases on behalf and in the name of the State of California.

The Controller may sell, cash, redeem, exchange, or otherwise dispose of any securities and all other classes of personal property, and may sell, cash, redeem, exchange, compromise, adjust, settle, or otherwise dispose of any accounts, debts, contractual rights, or other choses i…

The Controller may sign, endorse, or otherwise authenticate, in the name and on behalf of the State, subscribing his name, as Controller, under such writing, any securities, bills of sale, documents, or other instruments required, under customary business practice, for the consum…

The Controller may lease or sell any real property for cash at public auction to the highest bidder. Before such sale or lease, notice thereof shall be published pursuant to Government Code Section 6063 in a newspaper published in the county in which the real property is situated…

The Controller may reject any and all bids made at sales or public auctions held under the provisions of this chapter.

Any real property may be sold or leased by the Controller at private sale without published notice.

Upon receipt of the proceeds of any sale made pursuant to this chapter, the Controller shall execute, in the name and on behalf of the State of California, a deed covering the real property, and a bill of sale covering the personal property, sold. He may execute leases for real o…

The Controller shall not enter into any transaction which shall create or impose upon the owners, heirs, devisees, legatees, or other claimants of the property involved, any obligation under an executory contract, the performance of which is not already an obligation of such owne…

No suit shall be maintained by any person against the State or any officer thereof, for or on account of any transaction entered into by the Controller pursuant to this chapter.

The Controller may destroy or otherwise dispose of any personal property other than cash deposited in the State Treasury under this title, if that property is determined by him or her to be valueless or of such little value that the costs of conducting a sale would probably excee…

All sales, exchanges, or other transactions entered into by the Controller pursuant to this chapter are exempt from the provisions of Section 11009 of the Government Code.

All sales, leases or other transactions entered into by the Controller pursuant to this chapter shall be conclusive against everyone, except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or interest by an instrument in writing tha…

Any provision of this article which authorizes the Controller to sell real property applies to any real property distributed or escheated to, or the title to which has vested in, the State of California by court order or decree of distribution, if such real property is held in th…

The Controller shall deliver to the Treasurer the proceeds of any sale or lease of property, other than permanently escheated property, made pursuant to this chapter; and, on order of the Controller, the amount thereof shall be deposited in the Unclaimed Property Fund. Such amoun…

The Controller shall deliver to the Treasurer the proceeds of any sale or lease of permanently escheated property made pursuant to this chapter; and, on order of the Controller, the amount thereof shall be deposited in the General Fund. All moneys deposited in the General Fund un…