Tuesday, August 21, 2018

Appealability opinion

1/2 provides a published opinion here on appealability under the California Arbitration Act:
Image result for i want to appeal
In determining whether the trial court’s order is appealable, we look to the substance and effect of the order, rather than its label. (cite) Here, although the trial court labeled its order a “denial” of Instacart’s petition [to vacate an arbitration award], nothing in the record suggests that the trial court or the parties attributed any significance to whether the order was denominated a “denial” or “dismissal.” We deem the order a dismissal because its effect is to dismiss the proceeding that was initiated by Instacart’s petition without reaching the merits.

Don't make Justice Bedsworth cry, otherwise you'll end up with a decision like this that starts thusly:
This is an eye-wateringly complex title insurance coverage case arising out of a complicated triangular loan transaction between a big lender, a small lender, and a now defunct California winery.