Appealability: An Order Denying A Renewed Motion To Compel Arbitration Under CCP 1008(b) Is Nonappealable.

June 13, 2017 · Arbitration: Appealability

Courts Like To Conserve Judicial Resources.

     In Chango Coffee, Inc. v. Applied Underwriters, Inc., B267358 (2/3  5/26/17) (Johnson (Michael), Edmon, Aldrich), the trial court denied a renewed motion brought by defendant to compel arbitration of a complaint brought by Chango Coffee, Inc.  Defendant appealed the order denying a renewed petition brought under Cal. Code Civ. Proc. section 1008(b) to compel arbitration.

     Held:  The appeal is dismissed for lack of jurisdiction.  An order denying a renewed motion or application under 1008(b) is not appealable.  See Tate v. Wilburn, 184 Cal.App.4th 150, 160 (2010).

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