A petition pursuant to Section 1281.2 may be filed in lieu of filing an answer to a complaint. The petitioning defendant shall have 15 days after any denial of the petition to plead to the complaint.
§ 1281.7.Petition Filed In Lieu of Answer to Complaint
Title 9. Arbitration · Chapter 2. Enforcement of Arbitration Agreements · Enacted 1987 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1281.7 lets a defendant file a petition to compel arbitration under Section 1281.2 in place of an answer to the complaint, and gives the defendant fifteen days to answer if the court denies that petition.
Full Text of § 1281.7
Plain-English Summary
A defendant who believes a dispute belongs in arbitration doesn't have to answer the complaint first and raise arbitration later. This section lets the defendant file a § 1281.2 petition to compel arbitration instead of an answer, putting the arbitration question in front of the court before any answer is due.
If that petition doesn't succeed, the defendant isn't left without a deadline. The defendant then has 15 days from the denial to plead to the complaint, giving the same practical protection an answer deadline would have provided if the defendant had filed one from the start.
Frequently Asked Questions
Can a defendant respond to a complaint with an arbitration petition instead of an answer?
Yes. Section 1281.7 allows a § 1281.2 petition to be filed in lieu of an answer.
How long does a defendant have to answer if the arbitration petition is denied?
Fifteen days after the denial of the petition.
Amendment History
Added by Stats. 1987, Ch. 1080, Sec. 9.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: petition to compel arbitration instead of answer15 days to answer after denied arbitration petition