Pleaters & Stitchers Ass'n v. Superior Court

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

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Holding. The court held that an order dismissing an application for confirmation of an arbitration award with prejudice is effectively an order vacating the award, which is subject to appeal, thereby precluding the availability of a writ of review.

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 alternative remedy by appeal exists.

Disposition. 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. 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 & Stitchers Ass'n v. Superior Court

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