City of Shasta Lake v. County of Shasta

I respectfully dissent from the decision of the majority because we lack jurisdiction to review the merits of this case. I disagree with the majority that, despite the parties’ obvious failure to obtain an appealable judgment, the appeal should be rescued.

Embroiled in a dispute concerning the formation of a new city and the consequential sharing of revenue, the plaintiffs (City of Shasta Lake and the Shasta Lake Redevelopment Agency) and defendants (the County of Shasta and the Shasta County Redevelopment Agency) agreed to binding arbitration. When arbitration was completed, the arbitrator’s decision was filed in the trial court. The defendants attempt to appeal from that nonappealable decision. Since we have no jurisdiction to hear the matter, we should dismiss the appeal.

The parties entered into a stipulation for binding arbitration, using retired Judge James E. Kleaver as the arbitrator, and obtained the signature of Judge Richard A. McEachen ordering the case to “arbitration pursuant to the stipulation!].” The stipulation stated: “[T]he decision of Judge Kleaver will be binding on all parties and filed with the Superior Court and will be treated as a judgment and will have…

*5 Opinion

This is an appeal from a judgment in cross-actions for declaratory relief concerning the rights and obligations of the parties arising under conditions imposed on the approval of incorporation of a new city.

The City of Shasta Lake (the City) and the Shasta Lake Redevelopment Agency (the City RDA) filed an action seeking declaratory relief concerning the conditions of incorporation, naming as defendants the County of Shasta (the County) and the Shasta County Redevelopment Agency (the County RDA). The County in turn cross-complained for declaratory relief and breach of contract concerning similar issues.

The parties stipulated that a retired superior court judge, Judge James E. Kleaver, would try the matter under the rules of evidence applicable to a trial by the court and that his decision “will have the same force and effect as a Superior Court judgment and will be appealable as such.” The superior court approved the stipulation. The stipulation characterizes this arrangement as “binding arbitration [of] all issues raised in the complaint.” Judge Kleaver rendered a decision in favor of the City, filed as a judgment in the action, which apportions the property tax…

Certified for Partial Publication.

BLEASE, Acting P.J.

This is an appeal from a judgment in cross-actions for declaratory relief concerning the rights and obligations of the parties arising under conditions imposed on the approval of incorporation of a new city.

The City of Shasta Lake (the City) and the Shasta Lake Redevelopment Agency (the City RDA) filed an action seeking declaratory relief concerning the conditions of incorporation, naming as defendants the County of Shasta (the County) and the Shasta County Redevelopment Agency (the County RDA). The County in turn cross-complained for declaratory relief and breach of contract concerning similar issues.

The parties stipulated that a retired superior court judge, Judge Kleaver, would try the matter under the rules of evidence applicable to a trial by the court and that his decision "will have the same force and effect as a Superior Court judgment and will be appealable as such." The superior court approved the stipulation. The stipulation characterizes this arrangement as "binding arbitration [of] all issues raised in the complaint." Judge Kleaver rendered a decision in favor of the City, filed as a judgment in the action,…