PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Appeal Where Denied
 12 Cards On This Topic:
  • Order dismissing or denying petition to compel arbitration is 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.


    •