(a) Motion to vacate A party against whom a judgment is entered under an arbitration award may, within six months after its entry, move to vacate the judgment on the ground that the arbitrator was subject to a disqualification not disclosed before the hearing and of which the arbitrator was then aware, or upon one of the grounds set forth in Code of Civil Procedure sections 473 or 1286.2(a)(1), (2), and (3), and on no other grounds.
Rule 3.828.Vacating judgment on award
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Adopted 2007 · no amendments on record · Last verified July 29, 2026
In one sentenceThis rule lets a party attack a judgment entered on an arbitration award, within six months of entry, only on narrow grounds — an undisclosed arbitrator conflict, or grounds for relief under Code of Civil Procedure section 473 or 1286.2 — and only with clear and convincing proof brought as soon as practical.
Full Text of Rule 3.828
(b) Notice and grounds for granting motion The motion must be heard upon notice to the adverse parties and to the arbitrator, and may be granted only upon clear and convincing evidence that the grounds alleged are true, and that the motion was made as soon as practicable after the moving party learned of the existence of those grounds.
Plain-English Summary
Because a judgment entered under rule 3.827 cannot be appealed, rule 3.828 provides the sole escape hatch, and it is a narrow one. A party against whom the judgment was entered has six months from entry to move to vacate it, but only on one of two kinds of grounds: an arbitrator disqualification that was not disclosed before the hearing and that the arbitrator knew about at the time, or one of the specific grounds for relief listed in Code of Civil Procedure section 473 or in section 1286.2’s first three subdivisions. No other ground works — the rule expressly limits the motion to what it lists.
Winning the motion takes more than a plausible story. It has to be heard on notice to both the other parties and the arbitrator, and the court can only grant it if clear and convincing evidence shows the alleged grounds are true and that the moving party brought the motion as soon as practical after learning about those grounds. That combination of a short list of grounds, a heightened proof standard, and a diligence requirement keeps these judgments close to final in practice.
Frequently Asked Questions
How long do I have to move to vacate a judgment entered on an arbitration award?
Six months after the judgment is entered.
What grounds can I use to vacate the judgment?
Only an arbitrator disqualification that wasn’t disclosed before the hearing and that the arbitrator knew about, or the specific grounds for relief in Code of Civil Procedure section 473 or in section 1286.2’s first three subdivisions. No other ground is allowed.
What proof do I need to win a motion to vacate?
Clear and convincing evidence that the grounds alleged are true, plus proof that the motion was brought as soon as practical after discovering those grounds.
Who has to be notified about a motion to vacate the judgment?
Both the adverse parties and the arbitrator must receive notice, since the motion is heard with all of them able to respond.
Amendment History
Rule 3.828 adopted effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: vacate judgment on arbitration awardundisclosed arbitrator conflict judgmentsix month deadline vacate arbitration judgmentmotion to set aside arbitration judgment