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California ends automatic stays of litigation when orders denying motions to compel arbitration are appealed

By Mark J. Levin, Elliot Johnson & Peng Shao on October 19, 2023

Posted in Arbitration, Litigation and Court Decisions

Currently, California trial court proceedings are automatically stayed when a party appeals an order denying a motion to compel arbitration. However, on October 10, 2023, Governor Newsom signed California Senate Bill No. 365 (SB365) into law.

Effective January 1, 2024, SB365 will amend California Code of Civil Procedure Section 1294 to state that “the perfecting of such an appeal [of an order denying a motion to compel arbitration] shall not automatically stay any proceedings in the trial court during the pendency of the appeal.”… Continue Reading

SCOTUS to decide whether appeal from denial of arbitration motion automatically stays lower court proceedings

By Mark J. Levin & Elliot Johnson on December 12, 2022

Posted in Arbitration, Litigation and Court Decisions

Last Friday, the U.S. Supreme Court agreed to review whether an appeal of the denial of a motion to compel arbitration automatically stays proceedings in the lower court pending the outcome of the appeal, or whether the lower court has discretion to grant or deny a stay. The decision will resolve a split between the Third, Fourth, Seventh, Tenth, Eleventh, and D.C.… Continue Reading