Invicta Plastics, U.S.A., Ltd. v. Superior Court

Petition for writ of mandate.

Background:

Real party in interest (Moss), plaintiff in the trial court, filed an action against his employer, petitioner here and defendant in the trial court, alleging wrongful discharge and breach of oral contract. Plaintiff filed an election to submit the cause to judicial arbitration. (Code Civ. Proc., § 1141.12, subd. (b)(ii) and rule 1600(b) Cal. Rules of Court.) He, at that time, “agree[d] that the arbitration award shall not exceed the total sum of $15,000.” About seven months later, plaintiff’s new counsel moved “for leave to file a second amended complaint and for withdrawal of the case from arbitration.” Both motions were granted. Defendant petitions this court for writ of mandate to compel the superi- or court to vacate its order granting plaintiff’s motion to withdraw from arbitration. We issued an alternative writ and heard the matter.

We are now of the opinion that the alternative writ was improvidently granted and therefore now discharge and vacate the alternative writ and deny the petition.

Discussion:

There is little quarrel with the first three of petitioner’s arguments, as general propositions of law. (1) Mandate is…