Plasterers Local Union No. 346 v. Wyland Enterprises Inc. Dick Peck, D/B/A Coast Plastering, AKA Coast Plastering, Inc.

The plaintiff, Plasterers Local Union No. 346 (“the Union”), brought an action for specific performance of the arbitration provisions of its collective bargaining agreement with the defendants, Wyland Enterprises, Inc. (“Wyland”) and Coast Plastering, Inc. Wyland moved to disqualify the Union’s attorneys for a conflict of interest. The motion was denied. The parties settled and the district court entered judgment pursuant to the parties’ stipulation compelling arbitration. Wyland appeals the denial of its motion to disqualify.

Wyland contends that a stipulated judgment is appealable when the stipulation is merely a means of gaining appellate review of an interlocutory order. This does not appear to be the law of this circuit. In Seidman v. City of Beverly Hills, 785 F.2d 1447 (9th Cir.1986) (order), the plaintiff stipulated to dismissal of his action after the district court denied his motion for certification of a class. The plaintiff appealed the judgment seeking review of the order denying class certification. This court dismissed the appeal, holding that the plaintiff “deprived this or any other court of jurisdiction over this action by stipulating to a voluntary dismissal…