Arbitration: CCP § 1281.97 Orders Are Appealable And FAA Preempts CCP Deadline Provision

Unpublished Solis Decision, From The 2/5 DCA, Follows Reasoning In Recently Published Hernandez Opinion Over A Dissent.

               On May 24, 2024, we posted on Hernandez v. Sohnen Enterprises, Inc., a May 22, 2024 2/5 DCA opinion which was published, deciding CCP § 1281.97 orders are appealable and § 1281.97 was preempted by the FAA where a contract said the FAA governed—over a dissenting justice’s contrary reasoning.  The same division came to the same result in the unpublished opinion of Solis v. Sohnen Enterprises, Inc., Case No. B323296 (2d Dist., Div. 5 May 23, 2024) (unpublished), also a 2-1 decision.