Wins

Court Of Appeal Orders Confirmation Of Arbitration Award For GMSR’s Client, Finding The Respondent Missed A Jurisdictional Deadline To Seek To Vacate It

Litigation funder Law Finance Group turned to GMSR after the trial court vacated an arbitration award enforcing LFG’s loan agreement with a borrower.  On appeal, GMSR argued that the trial court lacked jurisdiction to vacate the award because the borrower failed to seek vacatur within 100 days of service of the arbitration award, as required by Code of Civil Procedure section 1288.2.  The Court of Appeal agreed.  In a published opinion, it held that section 1288.2 imposes a jurisdictional deadline for seeking vacatur in response to a petition to confirm, and rejected the borrower’s waiver and estoppel arguments.  Based on that holding, the Court of Appeal reversed the order vacating the arbitration award, and directed that the award be confirmed.

Court of Appeal Opinion – View Document