PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Appeal Where Denied
 19 Cards On This Topic:
  • Order dismissing or denying petition to compel arbitration is appealable.
  • The denial of a petition to compel contractual arbitration under the MFAA is not an appealable order.
  • Error to deny petition to compel arbitration where subsequent termination agreement did not supersede the parties' arbitration provision in a prior management services agreement.
  • A PAGA arbitration requirement in a predispute arbitration agreement is unenforceable based on Iskanian's view that the state is the real party in interest in a PAGA claim.
  • Arbitration agreement unenforceable where attorney-in-fact exceeded authority under power of attorney.
  • Waiver of employee-friendly Labor Code wage claim provisions in arbitration agreement did not make it unconscionable where procedure was affordable and accessible.
  • Arbitration agreement containing 30-day rescission period under CCP §1295(c) was effective upon execution such that one signatory's death during this period did not render agreement unenforceable.
  • An order denying a renewed motion under CCP §1008(b) is not appealable.
  • As an order denying a petition to compel is immediately appealable, so is an order staying an arbitration.
  • Because Ds only sought order compelling arbitration of arbitrability, and issue of whether any claims were to be arbitrated was not resolved, no appealable final judgment entered and Ds' appeal dismissed.
  • Trial court's order denying petition to compel arbitration without prejudice was an appealable ruling under facts of case.
  • Appeal of order directing arbitration in wrongful termination case was premature; action should have been stayed, not dismissed.
  • Health insurance plan’s arbitration provisions cannot be enforced because they fail to satisfy specific and unambiguous disclosure requirements of Health & Safety Code.
  • Order denying arbitration in California, but advising arbitration in another state, is appealable under CCP §1294 (a).
  • Trial ct. erred in denying Health Net's motion to compel arbitration under Code Civ. Proc. §1281.2 (c), which is preempted by USAA (FAA).
  • Court erred in denying petition to compel for failure to authenticate arbitration agreement. If court determines agreement exists, it must grant petition absent waiver or grounds for revocation.
  • Although Aetna handbook arb. provision did not comply with Health & Saf. Code §1363.1, provision preempted by USAA and arb. provision not invalid under general principles of law.
  • Order dismissing or denying petition to compel arbitration is appealable.
  • Order denying petition to compel contractual arbitration is appealable.


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