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CARDIFF EQUITIES, INC. v. SUPERIOR COURT

No. B205882.

166 Cal.App.4th 1541 (2008)

CARDIFF EQUITIES, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ROBERT W. O'NEEL III et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Two.

September 23, 2008.

Attorney(s) appearing for the Case

Law Offices of Anthony Capobianco, Anthony Capobianco; Law Offices of Charles W. Hokanson and Charles W. Hokanson for Petitioner.

No appearance for Respondent.

Benjamin, Weill & Mazer, Marc S. Mazer, Andrew J. Weill and Kenneth D. Schnur for Real Parties in Interest.

OPINION

CHAVEZ, J.

The primary issue before us is whether a plaintiff may dismiss a complaint in the trial court after the case has been ordered into arbitration, but before an arbitration has commenced. We conclude that there is nothing to preclude such a dismissal and that after a dismissal, the trial court no longer has jurisdiction to order the parties to complete the arbitration.

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