California, United States of America
The following excerpt is from Kyle v. Carmon, 71 Cal.App.4th 901, 84 Cal.Rptr.2d 303 (Cal. App. 1999):
Defendant cites Kelley v. Bredelis (1996) 45 Cal.App.4th 1819, 53 Cal.Rptr.2d 536. There, the plaintiffs filed a request for trial de novo following an adverse arbitration award. Two weeks before trial, the plaintiffs filed a request for dismissal with prejudice. The defendant moved to vacate the request for trial de novo and enter judgment on the arbitration award. The trial court granted the defense motions. The appellate court affirmed, holding the plaintiffs' request for dismissal of the case two weeks before trial constituted a repudiation of their request for a trial de novo and warranted the reinstatement of the arbitration award. Given the strong public policy favoring arbitration, the court saw no reason to allow a dissatisfied party to render the entire arbitration proceeding a judicial nullity by the simple procedural tactic of requesting a trial de novo, and then dismissing that request. (Id. at pp. 1826-1827, 53 Cal.Rptr.2d 536.) That the dismissal was with prejudice made no difference. (Id. at p. 1827, 53 Cal.Rptr.2d 536.) Here, no similar insult to the judicial system occurs.
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