Driggers
Driggers v. Southwest Traders CA3
Opinion
Opinion
Mesiwala, J.
DISCUSSION
“An appealable judgment or order is essential to appellate jurisdiction, and the court, on its own motion, must dismiss an appeal from a nonappealable order.” (Art Movers, Inc. v. Ni West, Inc. (1992) 3 Cal.App.4th 640, 645.) Therefore, as a threshold issue, we consider whether the trial court’s order denying Driggers’s petition to vacate the arbitration award is appealable, although neither party addresses it. (In re Estevez (2008) 165 Cal.App.4th 1445, 1457-1458 [“as the question of jurisdiction is always fundamental [citation], ‘a court has inherent power to inquire into jurisdiction of its own motion, regardless of whether the question is raised by the litigants’ ”].) An aggrieved party may appeal from an order dismissing a petition to confirm, correct, or vacate an award. (Code Civ. Proc., § 1294, subd. (b).) “No appeal, however, will lie from an order denying vacation or correction of an arbitration award.” (Mid- Wilshire Associates v. O’Leary (1992) 7 Cal.App.4th 1450, 1454.) “Such an order may be reviewed upon an appeal from the judgment of confirmation.” (Ibid.) Because the record contains no judgment confirming the award, Driggers’s appeal from the order…