Coordinated Construction, Inc. v. Canoga Big ''A'', Inc

In Coordinated Construction, Inc. v. Canoga Big "A," Inc. (1965) 238 Cal.App.2d 313, the prevailing party in an arbitration proceeding filed a petition on July 8 to confirm the award but the other party did not file its response until July 30. (Id. at p. 315.) The reviewing court noted that there was "no doubt that the response in question was filed beyond the 10-day limitation stated in section 1290.6 but within the 100-day limitation of section 1288.2." (Id. at p. 316.) Hence, the issue was which limitation period controlled. Reviewing the legislative history of the statutory scheme, the appellate court concluded that "the 100-day limit applies only when the other party to the arbitration does not file a petition to confirm the award. When such petition is filed a response must be filed within the time limit set forth in section 1290.6." (Id. at p. 317.) Because a petition to confirm the arbitration award had been filed but the response thereto had not been filed within the required 10 days, "the allegations of the prevailing party's petition to confirm the award were deemed to be admitted." (Id. at p. 318.)