United States · California Code of Civil Procedure
When must a California arbitration vacatur petition be filed?
CCP 1288 requires a petition to vacate or correct served and filed no later than 100 days after service of a signed award copy on the petitioner.
- Period
- 100 days for the disclosed component
- Trigger
- Effective personal service of the signed award copy on the petitioner
- Rule
- CCP 1288
Official current section reviewed. (Repealed and added by Stats. 1961, Ch. 461.)
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Which event starts this CCP 1288 inquiry?
Effective personal service of the signed award copy on the petitioner
The award’s signature date, issuance or service on another participant is not automatically service on this petitioner.
Responsible actor. The petitioner seeking vacatur or correction of the arbitration award. Use effective personal service of a signed award copy on this petitioner, with no separate governing arbitration law or unsupported service-method addition. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 1288How is this particular California component counted?
- Use effective personal service of a signed award copy on this petitioner, with no separate governing arbitration law or unsupported service-method addition. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- Exclude the established event day and count 100 calendar days under CCP 12. Intermediate weekends and holidays count. Apply CCP 12a to a final judicial holiday and check actual office closures under CCP 12b.
- Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
- Serve and file the petition to vacate or correct within the applicable period. Confirm grounds, petition contents and the separate hearing requirements.
CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 12, exclusion of the first dayWhat does an independently derived example show?
Fictitious example
Use effective personal service of a signed award copy on this petitioner, with no separate governing arbitration law or unsupported service-method addition. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. The disclosed component, effective personal or specified nonmail service and no changed order.
| Step | What is counted | Date |
|---|---|---|
| Established event | Effective personal service of the signed award copy on the petitioner | August 2, 2027 |
| Disclosed component boundary | 100 days for the disclosed component | November 10, 2027 |
Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.
Try these dates in the calculatorWhich qualifications change this procedure?
- Response seeking vacatur
- CCP 1288.2 separately controls a respondent’s served-and-filed response requesting vacatur or correction. Its actor and service event differ.
- Confirmation
- CCP 1288 gives a separate four-year period for the petition to confirm. That longer branch does not extend vacatur time.
- Service methods and distinct statutory additions
- These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
- Edition and calendar coverage
- The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
- Use effective personal service of a signed award copy on this petitioner, with no separate governing arbitration law or unsupported service-method addition. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.
Which acts and evidence must be preserved?
Questions about CCP 1288
When must a California arbitration vacatur petition be filed?
Can I use the award’s written date as the trigger automatically?
No. The petition period runs from service of a signed copy on the petitioner.
CCP 1288Is timely filing enough without service?
No. CCP 1288 requires the petition served and filed within the stated time.
CCP 1288Does the four-year confirmation period keep vacatur available?
No. The same section states distinct confirmation and vacatur or correction periods.
CCP 1288Official California sources and edition review
Provisions used (13)
| Provision | Purpose |
|---|---|
| CCP 1288 | The particular actor, event, period and required act |
| CCP 1288.2 | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1288 | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12, exclusion of the first day | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12a, final judicial holidays | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12b, actual whole-day office closures | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12c, backward hearing and service additions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 135, judicial holidays and exclusions | The separately identified counting, filing, holiday or procedural qualification |
| California judicial holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.11 | The separately identified counting, filing, holiday or procedural qualification |
| Superior Court of San Bernardino holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1013, service additions and exceptions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1010.6, electronic service and filing | The separately identified counting, filing, holiday or procedural qualification |