PRETRIAL ADJUDICATION
...Contract Arbitration
......Appeal
13 Cards On This Topic:

Interlocutory appeal of order denying motion to compel arbitration lacked federal appellate jurisdiction where movant's papers did not cite FAA.

Denial of motion for judicial reference could not be appealed under ancillary jurisdiction provided by CCP §1294.2.

P waived any argument that arbitration agreement was unconscionable where she failed to specify, with record support and legal citations, any terms that were unconscionable.

Party to an arbitration could appeal an adverse superior ct. order vacating an arbitrator's discovery order under the one final judgment rule.

A trial ct. order dismissing a petition to vacate an arbitration award on the ground of no trial ct. jurisdiction is appealable under CCP §1294(b).

An order granting a motion to arbitrate is not appealable; writ review of order is appropriate in some circumstances.

A party that invites a trial ct. to commit an error cannot later challenge that error on appeal.

Court of Appeal may treat appeal from an unappealable attorney fees order as a petition for writ of mandate in extraordinary circumstances.

An order granting a petition to compel arbitration is not appealable.

When parties to an arbitration agreement give up their rights to litigate a matter in court, including their appellate rights, they do not also explicitly waive their rights to appeal a confirmation or denial of an arbitration award.

Trial court's denial of motion to stay action, unaccompanied by any motion or petition to compel arbitration or a pending arbitration, is not an appealable order.

Where arbitrator had not ruled on substantive issues, order vacating a clause construction award from which P appealed did not vacate a final arbitration award and was not appealable.

P against whom cost and fees awarded on losing arbitration can appeal the trial ct. award despite confirmed bankruptcy plan where issue not actually litigated in the bankruptcy court.