PRETRIAL ADJUDICATION
...Judicial Arbitration
......Entry of Award: Appeal
6 Cards On This Topic:
  • Judicial arbitration award has same force and effect as judgment in any civil action but is not subject to appeal and may not be attacked or set aside except under CCP §473, CCP §1286.2 or JC rule.
  • Judgment entered after judicial arbitration has force and effect of civil judgment, but is not subject to appeal or set aside except as provided in Rule 3.828.
  • One may appeal denial of motion for new trial after arbitration, although not arbitration award itself.
  • Appellate review of award of attorney fees by arbitrator only available after trial de novo; trial not requested here and appeal dismissed.
  • Exception: When award does not specify amount of costs recoverable, appeal is available on issue of costs.
  • Appeal on portion of judgment for Ds dismissed when P, who had elected arbitration, did not request trial do novo, award became final and judgment entered.