Motion vs Petition - California

[Weary Traveler]

I've seen countless posts regarding Motion to Compel on the forum, but wonder fundamentally if there's any difference between a motion and petition when it comes to asking the Court to compel arbitration.

Cal. Code of Civ. Proc. § 1281.7 states:

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.

Cal. Code of Civ. Proc. § 1281.2 states:

On petition of a party to an arbitration agreement alleging

the existence of a written agreement to arbitrate a controversy and

that a party thereto refuses to arbitrate such controversy, the court

shall order the petitioner and the respondent to arbitrate the

controversy if it determines that an agreement to arbitrate the

controversy exists...

Fundamentally, are there any differences between a 'Motion' and 'Petition'?

I might be obsessing over technicalities here, but the CCP does say 'petition'.

So, does one:

• Answer the complaint, and at the same time file Notice of Motion and MTC Arbitration
  or
  
• File Notice of Petition and Petition in Lieu of Answer
  

[BTO429]

A motion and a petition is the same animal. Some courts call them motions some call them petitions.

But here are the differences

petition:

a formal written request to a court for an order of the court.

Petitions include demands for writs, orders to show cause, modifications of prior orders, continuances, dismissal of a case, reduction of bail

motion and a host of others.

a formal request made to a judge for an order or judgment.

to continue (postpone) a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions (payment of the moving party's costs or attorney's fees), or for dozens of other purposes. Most motions require a written petition, a written brief of legal reasons for granting the motion (often called "points and authorities"), written notice to the attorney for the opposing party and a hearing before a judge. However, during a trial or a hearing, the use of oral motions may be permitted.

[Weary Traveler]

Thank You!