What Vestigial Jurisdiction Does The Court Retain After Granting A Motion To Compel Arbitration?
Plaintiff Dee Lew-Williams, the successor in interest to her late physician husband, sued defendants for embezzlement. Defendants successfully moved to compel arbitration. But Lew-Williams, claiming lack of funds, was unable to prosecute the arbitration, and so defendants moved the trial court successfully to dismiss the case for lack of diligent prosecution. Lew-Williams appealed the dismissal. Lew-Williams v. Petrosian, B330387 (2/7 4/2/24) (Feuer, Segal, Raphael).
Reversed. "If a party fails to diligently prosecute an arbitration, the appropriate remedy is for the opposing party to seek relief in the arbitration proceeding (and, if necessary, the opposing party may need to initiate the arbitration for this purpose)."
Bonus: Coccycx (Tailbone): Vestigial.

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