Arbitration/Record: Second District, Div 5 Affirms Order Staying Nonsignatory Plaintiffs’ Attorney Malpractice Claim Until After Arbitration, Based On Defendants’ Failure To Provide An Adequate Record For Appeal

September 19, 2014 · Arbitration: Record

Inadequate Record Is Basis For Affirmance

     The trial court orders the signatories to an arbitration agreement to arbitrate, while staying the matter as to the nonsignatory plaintiffs’ sole claim for attorney malpractice.  Defendants appeal from the order staying the nonsignatory plaintiffs’ attorney malpractice claim until after arbitration.  Defendants appeal.  Mouradian v. Jehdian, Case No. B251932 (2/5 Sept. 19, 2014) (Turner, Kriegler, Mink) (unpublished). 

     “Without a proper record,” explains the Court of Appeal, “we cannot determine what happened [below] . . . In numerous situations, courts have refused to reach the merits of an appellant’s claims where no reporter’s transcript of a pertinent proceeding or a suitable substitute has been provided.”

     Affirmed.

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