Pleaters Etc. Assn. v. Superior Court

California Court of Appeal May 7, 1931 No. Docket No. 7905.Published

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Holding. An order dismissing an application for confirmation of an arbitration award with prejudice is equivalent to an order vacating the award, which is an appealable order. Consequently, a writ of review is unavailable because an adequate remedy by appeal exists.

Issues

Whether an order dismissing an application for confirmation of an arbitration award with prejudice is appealable.
Whether a writ of review is available when an order is subject to appeal.

Disposition. Petition denied.

Quotations verified verbatim against the opinion

“the order sought to be reviewed, wherein an application for confirmation of an arbitration award was dismissed "with prejudice," was in effect an order vacating the award, and that such order is subject to the right of appeal.”

“It follows that the writ of review does not lie in this case.”

THE COURT.

[1] It appears to the court that the order sought to be reviewed, wherein an application for confirmation of an arbitration award was dismissed "with prejudice," was in effect an order vacating the award, and that such order is subject to the right of appeal. (Code Civ. Proc., sec. 1293.) It follows that the writ of review does not lie in this case. (Code Civ. Proc., sec. 1068.) For that reason the petition is denied.

Pleaters Etc. Assn. v. Superior Court

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THE COURT.

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