Rubin

I. Introduction

Defendant, Western Mutual Insurance Company, purports to appeal after a judgment confirming an appraisal award prior to trial was entered pursuant to Code of Civil Procedure section 1287.4. The merits of all four of plaintiff’s causes of action remain unresolved. We conclude that the present appeal must be dismissed because no final judgment has been entered within the meaning of section 904.1, subdivision (a).

II. The Complaint

A. First Cause of Action

On January 12, 1996, plaintiff, Ethel Rubin, filed a complaint against defendant as well as others who are not parties to the present appeal. The first cause of action was for contract breach. The complaint’s allegations indicated that plaintiff purchased an earthquake policy from defendant for her San Fernando Valley residence. On January 17, 1994, plaintiff’s San Fernando Valley property was damaged in an earthquake. On the same day, she notified her insurer of the damage to her property. As of the date of the filing of the lawsuit, plaintiff’s claim had not been paid and defendant was threatening to cancel her policy. According to the complaint’s allegations, defendant had failed to investigate the…