Rule 3.828. Vacating judgment on award
Cal. Rules of Court, rule 3.828
Current text effective January 1, 2007.
#(a) Motion to vacate
A party against whom a judgment is entered under an arbitration award may, within six months after its entry, move to vacate the judgment on the ground that the arbitrator was subject to a disqualification not disclosed before the hearing and of which the arbitrator was then aware, or upon one of the grounds set forth in Code of Civil Procedure sections 473 or 1286.2(a)(1), (2), and (3), and on no other grounds.
#(b) Notice and grounds for granting motion
The motion must be heard upon notice to the adverse parties and to the arbitrator, and may be granted only upon clear and convincing evidence that the grounds alleged are true, and that the motion was made as soon as practicable after the moving party learned of the existence of those grounds.
#History
Rule 3.828 adopted effective January 1, 2007.
What this rule requires
Filing Timing and Cure Windows
A party against whom an arbitration-award judgment is entered may move to vacate within six months, but only on the stated grounds.
The rule's wording
A party against whom a judgment is entered under an arbitration award may, within six months after its entry, move to vacate the judgment on the ground that the arbitrator was subject to a disqualification not disclosed before the hearing and of which the arbitrator was then aware, or upon one of the grounds set forth in Code of Civil Procedure sections 473 or 1286.2(a)(1), (2), and (3), and on no other grounds.
The motion must be heard upon notice to the adverse parties and to the arbitrator, and may be granted only upon clear and convincing evidence that the grounds alleged are true, and that the motion was made as soon as practicable after the moving party learned of the existence of those grounds.
Service and Proof of Service Rules
The motion must be heard after notice to the adverse parties and arbitrator.
The rule's wording
The motion must be heard upon notice to the adverse parties and to the arbitrator, and may be granted only upon clear and convincing evidence that the grounds alleged are true, and that the motion was made as soon as practicable after the moving party learned of the existence of those grounds.
Official text: courts.ca.gov , checked October 19, 2026.