United Nuclear Corp. v. Superior Court

This court has read and fully considered the petition for peremptory writ of mandate, etc, filed here on December 8, 1980, as well as all accompanying exhibits, the response to the petition, and all documents filed to date in this matter. The court finds no jurisdictional basis in the San Diego Superior Court for this action to confirm an arbitration award, because a competent court, the Supreme Court of New Mexico, has held the agreement to arbitrate is void (United Nuclear Corp. v. General Atomic Co. (1979) 93 N.M. 105 [ 597 P.2d 290 ]; United Nuclear Corp. v. General Atomic Co. (1980) 96 N.M. 155 [ 629 P.2d 231 ]), and its decisions are entitled to full faith and credit. (See Thorley v. Superior Court (1978) 78 Cal.App.3d 900 [ 144 Cal.Rptr. 557 ]. As to jurisdiction, see Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1977) 67 Cal.App.3d 19, 26, 27 [ 136 Cal.Rptr. 378 ]; Commercial Factors v. Kurtzman Bros. (1955) 131 Cal.App.2d 133 [ 280 P.2d 146 ].) Although the procedure to challenge jurisdiction provided by Code of Civil Procedure section 418.10 is clearly available here and should have been followed (Frey & Horgan Corp. v. Superior Court (1936) 5 Cal.2d 401…