Porter

Plaintiff, Pamela Warren Porter, appeals from an order denying her petition to compel arbitration in California under the terms of the underinsured motorist provisions in an automobile insurance policy issued by defendant, United Services Automobile Association. We have the duty to raise issues concerning our jurisdiction on our own motion. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126 [ 32 Cal.Rptr.2d 275 , 876 P.2d 1074 ]; Olson v. Cory (1983) 35 Cal.3d 390, 398 [ 197 Cal.Rptr. 843 , 673 P.2d 720 ].) We issued an order to show cause concerning possible dismissal of the appeal. Having reviewed plaintiff’s response, we determine that the order *839 denying the petition to compel arbitration in California is appealable under Code of Civil Procedure section 1294, subdivision (a).

On May 26, 2000, plaintiff filed a petition to compel arbitration in California under the terms of the underinsured motorist provisions of an automobile insurance policy issued by defendant. The insured was Douglas V. Porter, a South Orange, New Jersey resident. The petition alleged that on November 11, 1996, plaintiff was involved in an automobile accident in Los Angeles. Suit was filed…

I respectfully dissent. Plaintiff contends that the order denying the petition to compel arbitration in California is appealable pursuant to the relevant provisions of Code of Civil Procedure section 1294, subdivision (a) which states in pertinent part: “An aggrieved party may appeal from: fl[] (a) An order . . . denying a petition to compel arbitration.” *841 Also, plaintiff contends that because the trial court denied the petition to compel arbitration in California based upon questions of convenience, then the present matter is appealable pursuant to Code of Civil Procedure section 904.1, subdivision (a)(3) which states in pertinent part: “An appeal. . . may be taken from any of the following: [f] .1. . RQ (3) From an order granting a motion to . . . dismiss the action on the ground of inconvenient forum.” I disagree on both counts. In the present case, there was no dispute concerning the duty of the parties to arbitrate. In fact, pre-arbitration discovery had commenced. Rather, the sole dispute related to the venue of the arbitration itself; New Jersey or California.

To begin with, Code of Civil Procedure section 1294, subdivision (a) does not apply for several reasons. The…

Plaintiff, Pamela Warren Porter, appeals from an order denying her petition to compel arbitration in California under the terms of the underinsured motorist provisions in an automobile insurance policy issued by defendant, United Services Automobile Association. We have the duty to raise issues concerning our jurisdiction on our own motion. ( Jennings v. Marralle (1994) 8 Cal.4th 121, 126 , 32 Cal. Rptr.2d 275 , 876 P.2d 1074 ; Olson v. Cory (1983) 35 Cal.3d 390, 398 , 197 Cal.Rptr. 843 , 673 P.2d 720 .) We issued an order to show cause concerning possible dismissal of the appeal. Having reviewed plaintiffs response, we determine that the order denying the petition to compel arbitration in California is appealable under Code of Civil Procedure section 1294, subdivision (a). [1]

On May 26, 2000, plaintiff filed a petition to compel arbitration in California under the terms of the underinsured motorist provisions of an automobile insurance policy issued by defendant. The insured was Douglas V. Porter, a South Orange, New Jersey resident. The petition alleged that on November 11, 1996, plaintiff was involved in an automobile accident in Los Angeles. Suit was filed…