D'AVOLA

Defendant, Pamela Denise Anderson, has moved to dismiss the appeal of plaintiff, Robert D’Avola. The notice of appeal contained the wrong case number. The notice of appeal in this matter refers to a case which was voluntarily dismissed. We conclude the notice of appeal meets the standards imposed by rule 1(a) of the California Rules of Court, and deny the dismissal motion.

Defendant has moved to dismiss the appeal. The following are the facts as gleaned from the declarations filed pursuant to rule 42(a). On March 4, 1994, plaintiff filed a declaratory relief lawsuit against defendant which was assigned Los Angeles Superior Court case No. BC099953. On March 28, 1994, plaintiff filed a request to voluntarily dismiss case No. BC099953. On June 14, 1994, plaintiff filed a petition to confirm an arbitration award. The June 14, 1994, petition was assigned case No. BS029563. The parties in case Nos. BC099953 and BS029563 are the same. The dispute between the parties in the two cases arises out of the same scenario. On March 31, 1995, the trial judge, the Honorable Bruce Geemaert sitting in department 56, issued his mling denying the motion to confirm the arbitrator’s award.…