Can an order requiring an aggrieved party to pay an arbitration filing fee be appealed?

California, United States of America


The following excerpt is from Lachkar v. Lachkar, 182 Cal.App.3d 641, 227 Cal.Rptr. 501 (Cal. App. 1986):

1 Defendants filed a notice of appeal on July 19, 1985, from order issued June 26, 1985. They make no argument concerning this order and the appeal therefrom is dismissed. On July 29, 1985, they filed "Corrected Notice of Appeal" from ruling and order issued July 16, 1985; in effect this constitutes a notice of appeal from the July 16, 1985 order timely filed. Although an order compelling arbitration is not appealable, an order requiring an aggrieved party immediately to pay money or perform some other act is appealable as a final determination of a collateral matter distinct and severable from the general subject of the litigation. (Spence v. Omnibus Industries (1975) 44 Cal.App.3d 970, 976, 119 Cal.Rptr. 171 [order to pay an arbitration filing fee in a proceeding to compel arbitration.] )

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