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.Generally
Title 9. Arbitration · Chapter 5. General Provisions Relating to Judicial Proceedings · Article 1. Petitions and Responses · Enacted 1961 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1290 establishes that an arbitration-related court proceeding begins with a petition, lets any named respondent file a response, and deems the petition's allegations admitted unless a response is duly served and filed, while deeming a response's allegations controverted.
Full Text of § 1290
Plain-English Summary
This section opens the chapter that governs how arbitration disputes reach court, and it borrows a structure closer to a motion than an ordinary lawsuit. A proceeding under this title begins with a petition, not a complaint, and anyone named as a respondent may file a response to it.
The consequences of silence are built right into the statute. If a respondent who was duly served doesn't serve and file a response, the petition's allegations are deemed admitted -- there's no need for the petitioner to prove them separately. But the reverse presumption doesn't apply to a response itself: whatever a response alleges is automatically deemed controverted or avoided, so a petitioner doesn't have to file anything further just to keep those allegations in dispute.
That asymmetry pushes respondents toward action. Petitioners can rely on silence to their advantage; respondents generally cannot.
Frequently Asked Questions
How does an arbitration-related court proceeding get started?
By filing a petition, which is the vehicle for bringing matters like confirmation, correction, or vacation of an award before the court.
What happens if a respondent never files a response to the petition?
The petition's allegations are deemed admitted, so the petitioner doesn't need to prove them separately.
Does a petitioner have to dispute a response's allegations in writing?
No. A response's allegations are automatically deemed controverted or avoided without any further filing by the petitioner.
Amendment History
Repealed and added by Stats. 1961, Ch. 461.
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: how to start arbitration petition californiapetition and response arbitration proceeding