Fortune, Alsweet and Eldridge, Incorporated, Etc. v. Richard A. Daniel, Dba Richard A. Daniel Construction Company, Defendants

Daniel appeals from a district court order confirming an arbitration award in favor of Fortune, Alsweet & Eldridge, Inc. (Fortune), trustee of the Independent Contractors Grievance and Arbitration Trust. The district court held that Daniel’s failure to make a motion to vacate the arbitration award within the appropriate statutory period barred Daniel from asserting defenses to Fortune’s petition for confirmation of the award. The district court also found that by his conduct, Daniel had agreed to arbitrate the dispute. We affirm.

State statutes of limitation apply to motions to vacate arbitration awards in labor cases. San Diego District Council of Carpenters v. Cory, 685 F.2d 1137 , 1139, 1142 (9th Cir.1983). In California, the relevant statutory period is the 100-day period contained in section 1288 of the California Civil Procedure Code. Id. at 1139, 1142. In the case before us, Daniel failed to make a motion to vacate within 100 days after the entry of the arbitration award. Therefore, the only issue for the district court to decide was “whether the parties agreed to arbitrate the subject in dispute.” Sheet Metal Workers’ International Association Local 252 v. Standard Sheet…