Can a court order the dismissal of an action pending an arbitration proceeding?

California, United States of America


The following excerpt is from Lockhart-Mummery v. Kaiser Foundation Hospitals, 103 Cal.App.3d 891, 163 Cal.Rptr. 325 (Cal. App. 1980):

As for the jurisdiction of the court to dismiss an action wherein arbitration proceedings are pending, we find support for the exercise of such authority in Kaplan v. Eldorado Ins. Co. (1976) 55 Cal.App.3d 587, 591, 127 Cal.Rptr. 699. During arbitration proceedings in Kaplan, the plaintiff failed to comply with discovery orders issued by the court. The court thereupon ordered the dismissal of the arbitration matter.

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