Lamb

Lamb v. Holy Cross Hospital

Bad Law
148 Cal. Rptr. 273·1978 Cal. App. LEXIS 1832·83 Cal. App. 3d 1007
Court of Appeal of CaliforniaAugust 18, 1978Civ. 52310California1,009 words

Opinion

Opinion

Kingsley, J.

Plaintiff appeals from a judgment confirming an award of arbitration adverse to her. We dismiss the appeal.

Plaintiff filed a medical malpractice action against defendant hospital and her attending physicians and surgeons. The defendants demanded arbitration, which was ordered by the trial court. The arbitration was in favor of the defendants who moved, successfully, for confirmation.

After defendant’s petition for confirmation had come duly on for hearing, no one appeared in opposition and an order of confirmation was entered on June 10, 1976. The clerk’s notice of that order was mailed on June 11, 1976, to the then counsel for plaintiff. On July 9, 1976, plaintiff, appearing by new counsel, filed her motion to vacate the judgment of confirmation. After the filing of declarations in support of and in opposition to the motion, and oral argument, the motion was denied on August 26, 1976. On September 24, 1976, plaintiff filed a notice of appeal, reciting that it was both from the “judgment” of the confirmation and from the order denying the motion to vacate.

I

The notice, insofar as it purports to appeal from the order of confirmation, having been filed more than 60…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.