Fleur Du Lac Estates Ass'n v. Mansouri
205 Cal. App. 4th 249
| Cal. Ct. App. | 2012Background
- Mansouri sought attorney fees and costs after this court’s writ directed the trial court to deny the Association’s petition to compel arbitration.
- The trial court held Mansouri’s costs memoranda and fee motion untimely and denied relief; reconsideration and relief under CCP §473(b) were denied.
- The Association filed a second petition to compel arbitration, which the court granted, leaving the proceeding ongoing.
- This court previously held the arbitration provision enforceable but faulted the Association for not demanding arbitration and Mansouri for not proving a proper demand and refusal.
- In May 2011 the trial court denied Mansouri’s motion for reconsideration and for §473(b) relief; she appealed from those orders.
- The appellate court dismissed the appeal as to both aspects, concluding the May 2011 order was not appealable because there was no final judgment in the proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the May 2011 order appealable? | Mansouri argues the order is appealable under §1294(e). | The Association contends the order is not appealable as an interim ruling. | No; the May 2011 order is not appealable. |
| Can the appeal be treated as a writ petition? | Mansouri seeks writ relief due to lack of appealability and absence of final judgment. | Association argues writ relief is inappropriate for interim orders. | Writ petition relief denied; not appropriate here. |
| Should the appeal address the timeliness of fees and costs or the merits? | Mansouri argues the merits of the fee/costs motion should be considered. | Association argues the issues are not properly before the court due to nonappealability. | Court did not reach merits; held the appeal is from a nonappealable order. |
Key Cases Cited
- Otay River Constructors v. San Diego Expressway, 158 Cal.App.4th 796 (Cal. Ct. App. 2008) (guides section 1294 appealability of arbitration orders; distinguishes final judgment rule)
- Reese v. Wal-Mart Stores, Inc., 73 Cal.App.4th 1225 (Cal. Ct. App. 1999) (no appeal from motion for reconsideration; separate routes to appeal exist)
- Winslow v. Harold G. Ferguson Corp., 25 Cal.2d 274 (Cal. 1944) (section 473(b) relief denial can be appealable after final judgment)
- Benjamin, Weill & Mazer v. Kors, 195 Cal.App.4th 40 (Cal. Ct. App. 2011) (illustrates reviewing interim rulings on appeal from final judgment; arbitral issues)
- San Joaquin County Dept. of Child Support Services v. Winn, 163 Cal.App.4th 296 (Cal. Ct. App. 2008) (prematurity of writ review for interim orders; remedy lies in final judgment)
- Mansouri v. Superior Court, 181 Cal.App.4th 633 (Cal. Ct. App. 2010) (earlier writ decision on arbitration issue and final mandamus directing denial of arbitration)