Eternity Investments, Inc. v. Brown

In Eternity Investments, Inc. v. Brown (2007) 151 Cal.App.4th 739, an arbitrator issued an award in favor of the plaintiff. The defendants did not file a petition or response in the trial court to correct or vacate the award within the 100-day period. (See 1285-1286.8, 1288.) Three weeks after the 100-day period expired, the plaintiff filed a timely petition to confirm the award. In their response thereto, the defendants challenged the award as invalid. The trial court entered judgment confirming the award. (Eternity, supra, at p. 742.) The reviewing court affirmed, concluding "that, because defendants did not bring a timely petition or response to correct or vacate the award, the trial court had no choice but to disregard defendants' challenge and 'confirm the award as made.' ( 1286.)" (Eternity, supra, 151 Cal.App.4th at p. 742.)