Pleaters & Stitchers Ass'n v. Davis

YORK, J. This is an appeal from a judgment of dismissal with prejudice entered pursuant to an order of the court denying complainant’s amended petition to confirm award in arbitration, and sustaining demurrer of accused to said petition without leave to amend.

On February 13, 1931, the complainant filed its petition for confirmation of award in arbitration dated December 17, 1930, and served notice of motion for such confirmation; on February 25, 1931, the respondent filed a demurrer to said petition and on February 27, 1931, filed his answer and notice of motion to vacate the award, together with three affidavits in support of said motion. On March 23d these, matters came on to be heard by the court, whereupon the following order was entered: “motion to confirm award in arbitration and demurrer to petition come on for hearing, . . motion to vacate award is ordered off calendar. Motion to confirm award is denied. Demurrer to petition is sustained without leave to amend.” Appellant now maintains that the court erred in sustaining the demurrer with[405]out leave to amend and in rendering and entering the judgtaent of dismissal thereon, and also in denying appellant’s motion to confirm award.

In support of these contentions, appellant claims that there is no provision in the sections of the code relating to arbitrations (secs. 1280 et seq., Code Civ. Proc.), providing for the filing of a demurrer or answer and that, therefore, the filing of the answer and the interposing of the demurrer in this proceeding were improper, and the court had no jurisdiction to entertain or pass upon either of these pleadings.

Section 1285 of the Code of Civil Procedure provides: “Any application made under the authority of this act shall be heard in a summary way in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.”

Section 1287 of the same code provides: “At any time within three months after the award is made . . . any party to the arbitration may apply to the superior court of the county or city and county in which said arbitration was had for an order confirming the award; and thereupon said court must grant such an order unless the award is vacated, modified or corrected, as prescribed in the next two sections. Notice in writing of the motion must be served upon the adverse party or his attorney five days before the hearing thereof. ’ ’