Frey & Horgan Corp. v. Superior Court

CONREY, J.

Petition for writ of prohibition commanding the respondents to desist and refrain from further proceedings in an application in the respondent court for an order directing arbitration. In answer to the first question stated by the petitioner it should be said that an order of the superior court denying a motion to quash service of process may be reviewed on writ of prohibition.

(Jardine

v.

Superior Court,

213 Cal. 301, 304 [2 Pac. (2d) 756, 79 A. L. R. 291].)

El Dorado Oil Works, a California corporation, filed its petition in the Superior Court of the City and County of San Francisco under the provisions of section 1282 of the Code of Civil Procedure for an order directing arbitration to proceed under certain alleged contracts between said El Dorado Oil Works and the present petitioner, Fréy & Horgan Corporation, alleging that each of said contracts provide: “Any dispute arising hereunder shall be submitted'to arbitration before a committee of the Foreign Commerce Asso

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ciation of the San Francisco Chamber of Commerce. . . . This contract in all respects shall be governed and construed by the laws of the State of California.”

After the arbitration proceeding had been filed in the superior court, attempted service was made upon the Frey & Horgan Corporation by delivery to the secretary of that corporation, in the city of New York, of a written notice, authorized by said section 1282 of the Code of Civil Procedure, that the application and motion for the desired order would be presented to the court at a time stated. Thereafter Frey & Horgan Corporation, appearing specially for that purpose, pursuant to notice duly given, moved the court for an order quashing service of said notice of motion for an order directing arbitration to proceed. This motion to quash was made upon the ground that the notice authorized by said section 1282 is process of court and as such cannot have effect outside of this state and cannot be effective to compel Frey & Horgan Corporation to submit to jurisdiction of the court. The motion to quash having been denied, the court ordered that the arbitration proceed and, unless prohibited by this court, such arbitration will proceed before the specified arbitrators, and respondent court, when an award shall have been made, will proceed, on the application of El Dorado Oil Works, if such award shall be in its favor, to make its order and judgment thereon in accordance with said award.