SECTIONS 1290-1291.2 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1290-1291.2

1290. A proceeding under this title in the courts of this State is
commenced by filing a petition. Any person named as a respondent in a
petition may file a response thereto. The allegations of a petition
are deemed to be admitted by a respondent duly served therewith
unless a response is duly served and filed. The allegations of a
response are deemed controverted or avoided.

1290.2. A petition under this title shall be heard in a summary way
in the manner and upon the notice provided by law for the making and
hearing of motions, except that not less than 10 days' notice of the
date set for the hearing on the petition shall be given.

1290.4. (a) A copy of the petition and a written notice of the time
and place of the hearing thereof and any other papers upon which the
petition is based shall be served in the manner provided in the
arbitration agreement for the service of such petition and notice.
(b) If the arbitration agreement does not provide the manner in
which such service shall be made and the person upon whom service is
to be made has not previously appeared in the proceeding and has not
previously been served in accordance with this subdivision:
(1) Service within this State shall be made in the manner provided
by law for the service of summons in an action.
(2) Service outside this State shall be made by mailing the copy
of the petition and notice and other papers by registered or
certified mail. Personal service is the equivalent of such service by
mail. Proof of service by mail shall be made by affidavit showing
such mailing together with the return receipt of the United States
Post Office bearing the signature of the person on whom service was
made. Notwithstanding any other provision of this title, if service
is made in the manner provided in this paragraph, the petition may
not be heard until at least 30 days after the date of such service.
(c) If the arbitration agreement does not provide the manner in
which such service shall be made and the person on whom service is to
be made has previously appeared in the proceeding or has previously
been served in accordance with subdivision (b) of this section,
service shall be made in the manner provided in Chapter 5 (commencing
with Section 1010) of Title 14 of Part 2 of this code.

1290.6. A response shall be served and filed within 10 days after
service of the petition except that if the petition is served in the
manner provided in paragraph (2) of subdivision (b) of Section
1290.4, the response shall be served and filed within 30 days after
service of the petition. The time provided in this section for
serving and filing a response may be extended by an agreement in
writing between the parties to the court proceeding or, for good
cause, by order of the court.

1290.8. A response shall be served as provided in Chapter 5
(commencing with Section 1010) of Title 14 of Part 2 of this code.

1291. A statement of decision shall be made by the court, if
requested pursuant to Section 632, whenever an order or judgment,
except a special order after final judgment, is made that is
appealable under this title.

1291.2. In all proceedings brought under the provisions of this
title, all courts wherein such proceedings are pending shall give
such proceedings preference over all other civil actions or
proceedings, except older matters of the same character and matters
to which special precedence may be given by law, in the matter of
setting the same for hearing and in hearing the same to the end that
all such proceedings shall be quickly heard and determined.