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SB 365 · 2023-24

Lets lawsuits continue during arbitration order appeals

Official subject Civil procedure: arbitration.

Became law Chapter 710, Statutes of 2023

Plain-language summary

When a court refuses to send a case to arbitration, a party can appeal that order. Under this bill, the trial court case is not automatically put on hold while that appeal is pending.

How these summaries are written

Official summary · Legislative Counsel's Digest

Describes the final version (Chaptered, Oct. 10, 2023).

Read the official summary (2 paragraphs)

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 provide that, notwithstanding the general rule described above, trial court proceedings would not be automatically stayed during the pendency of an appeal of an order dismissing or denying a petition to compel arbitration.

Official title

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

Timeline

  1. Feb. 8, 2023 Introduced
  2. May 24, 2023 Passed Senate 30 yes, 9 no
  3. Sept. 7, 2023 Passed Assembly 47 yes, 22 no
  4. Sept. 13, 2023 Enrolled and sent to the Governor
  5. Oct. 10, 2023 Signed by the Governor
  6. Oct. 10, 2023 Chaptered (became law)
Full official history (24 actions)
  1. Feb. 8, 2023 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Feb. 9, 2023 From printer. May be acted upon on or after March 11.
  3. Feb. 15, 2023 Referred to Coms. on JUD. and APPR.
  4. March 21, 2023 Set for hearing April 11.
  5. April 12, 2023 From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2. Page 686.) (April 11). Re-referred to Com. on APPR.
  6. April 14, 2023 Set for hearing April 24.
  7. April 24, 2023 April 24 hearing: Placed on APPR suspense file.
  8. May 12, 2023 Set for hearing May 18.
  9. May 18, 2023 From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1167.) (May 18).
  10. May 18, 2023 Read second time and amended. Ordered to second reading.
  11. May 22, 2023 Read second time. Ordered to third reading.
  12. May 24, 2023 Passed Senate: Read third time. Passed. (Ayes 30. Noes 9. Page 1265.) Ordered to the Assembly.
  13. May 25, 2023 In Assembly. Read first time. Held at Desk.
  14. June 1, 2023 Referred to Com. on JUD.
  15. June 13, 2023 From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (June 13). Re-referred to Com. on APPR.
  16. June 28, 2023 June 28 set for first hearing canceled at the request of author.
  17. July 12, 2023 July 12 set for second hearing. Placed on APPR. suspense file.
  18. Sept. 1, 2023 From committee: Do pass. (Ayes 11. Noes 4.) (September 1).
  19. Sept. 5, 2023 Read second time. Ordered to third reading.
  20. Sept. 7, 2023 Passed Assembly: Read third time. Passed. (Ayes 47. Noes 22. Page 3012.) Ordered to the Senate.
  21. Sept. 7, 2023 In Senate. Ordered to engrossing and enrolling.
  22. Sept. 13, 2023 Enrolled and sent to the Governor: Enrolled and presented to the Governor at 4 p.m.
  23. Oct. 10, 2023 Signed by the Governor: Approved by the Governor.
  24. Oct. 10, 2023 Chaptered (became law): Chaptered by Secretary of State. Chapter 710, Statutes of 2023.