Association

In a case which can only be described as procedurally unusual, the appellant, Louise Gardens of Encino Homeowners’ Association, Inc., a California corporation (hereafter the Association) appeals from a judgment entered upon an order confirming an arbitration award, which confirmation had been requested by the Association.

The respondent, Truck Insurance Exchange, Inc. (Truck), has cross-appealed on the ground that the trial court’s confirmation order erroneously failed to explicitly declare that the Association had no legal basis to attack the arbitration award which was the subject of the confirmation proceedings.

As we explain, the undisputed record reflects that the Association received and accepted the benefits of the underlying arbitration award, failed to file any petition to vacate or correct that award, and then petitioned to confirm it. Given those circumstances, we conclude that the Association may not now attack the award. With respect to Truck’s cross-appeal, the record reflects that there is still pending in the trial court a declaratory relief action filed by Truck which will resolve all of the issues between the parties not disposed of by our holding in…