Expert: Timmy Chou - 2/6/2008

Question
In the State of California how would one change an Arbitration award into a Judgment?  Do you just file a plaintiff's claim in small claims present the award of Arbitration? But you still have to serve it on the other party?  Thank you

Answer
Greetings and thank you for your question.

Typically arbitration is not submitted to a court unless the arbitration is part of a court-ordered solution and there is an active case.  

Without this in place up front, the only solution is to file a new case seeking to have the agreement specified in a stipulated court ordered agreement. You will have to hire an attorney to do this, and the other party may not agree -- in which case you have another fight on your hands.  Small Claims can only award money and will not hear a case like this.  

Usually in an arbitration the parties have agreed to abide by the ruling and the matter never goes to court at all unless one party does not live up to the agreement.  

This is not always the case in every state and I am not familiar with CA procedures.  

I would call a mediation or arbitration firm firm in CA and ask them how this is typically done -- they may also be able to help you get the last distance traveled fairly inexpensively.  You can also check with the BAR association, who may be able to help you as well.

Good Luck!