Appealability: Court Of Appeal Dismisses Appeal From Order Staying Action And Compelling Arbitration

Affirm? Reverse? No, Dismiss, Because the Order is Unappealable

     Plaintiff Brian Zulli “purports to appeal from an order staying an action and compelling arbitration . . . “  Purports?  Yes, “purports”, because the order is not appealable.  Zulli v. Toll Brothers, Inc., Case No. B231622 (2nd Dist. Div. 6 July 10, 2012) (Perren, J., author) (not to be published). 

     “’The rationale behind the rule making an order compelling arbitration nonappealable is that inasmuch as the order does not resolve all of the issues in the controversy, to permit an appeal would delay and defeat the purposes of the arbitration statute. .  . However, a party compelled to arbitrate is entitled to have the validity of the order reviewed on his appeal from a judgment confirming an award.’. . . “ State Farm Fire & Casualty v. Hardin, 211 Cal.App.3d 501, 506 (1989).  “Accordingly, the appeal must be dismissed.”