Monday, October 26, 2020

Appealability case

Assume a party is ordered to arbitrate, but then refuses to participate in the arbitration and then moves the superior court to restore the case to the civil active list and set trial dates. If the court grants that motion, is it appealable? This 4/3 unpub here says yes. The order is "functionally equivalent" to an order denying a petition to compel arbitration, and so is appealable under CCP 1294(a).