Bill Text: CA SB365 | 2023-2024 | Regular Session | Introduced

California Senate Bill 365

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Civil procedure: arbitration.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-10-10 - Chaptered by Secretary of State. Chapter 710, Statutes of 2023. [SB365 Detail]

Download: California-2023-SB365-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 365

Introduced by Senator Wiener
(Coauthor: Assembly Member Haney)

February 08, 2023

An act to amend Section 1294 of the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL'S DIGEST

SB 365, as introduced, Wiener. Civil procedure: arbitration.

Existing law authorizes a party to appeal, among other things, an order dismissing or denying a petition to compel arbitration. Existing law generally stays proceedings in the trial court on the judgment or order appealed from when the appeal is perfected, subject to specified exceptions.

This bill would additionally prohibit a trial court from staying proceedings during the pendency of an appeal of an order dismissing or denying a petition to compel arbitration.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1294 of the Code of Civil Procedure is amended to read:

1294.

An aggrieved party may appeal from:

(a) An order dismissing or denying a petition to compel arbitration. Notwithstanding Section 916, the perfecting of such an appeal shall not stay any proceedings in the trial court during the pendency of the appeal.

(b) An order dismissing a petition to confirm, correct or vacate an award.

(d) A judgment entered pursuant to this title.

(e) A special order after final judgment.