Defendant  purports to appeal from the trial court’s order denying its renewed petition to compel arbitration filed pursuant to Code of Civil Procedure section 1008, subdivision (b). Because an order denying a renewed motion or application under section 1008, subdivision (b) is not appealable (see Tate v. Wilburn (2010) 184 Cal.App.4th 150, 160 (Tate)), we dismiss the appeal.The decision rejects the argument that Tate has been abrogated by subsequent legislative action, i.e., the amendment to section 1008 that added subdivision (g).
Wednesday, May 31, 2017
Nonappealability of renewed reconsideration motion
Today's MetNews reports on this case here (from 2/3 last Friday) in Order Denying Renewed Motion Not Appealable.