February 15, 2022

Kirk v. Ratner (February 10, 2022, B309880)

Code of Civil Procedure section 1283.4 defines an arbitrator’s “award” as a ruling that determines all issues necessary for the resolution of a controversy. In Kirk, an arbitrator issued a preliminary injunction enforcing the terms of a confidential settlement agreement. The plaintiffs filed a petition to vacate the injunction in the superior court, which the court dismissed for lack of jurisdiction because the injunction was not an arbitration award under section 1283.4. Plaintiffs appealed.

The Court of Appeal dismissed the plaintiffs’ appeal. Citing Judge v. Nijjar Realty, Inc. (2014) 232 Cal.App.4th 619, the court held that (a) the arbitrator’s preliminary injunction resolved no part of the controversy between the parties and therefore was not an award under section 1283.4, and (b) the superior court’s order dismissing plaintiffs’ petition to vacate the injunction was not appealable because it did not concern an “award” under section 1283.4.