An order denying a motion for a judicial reference is not an appealable order even when made as an alternative to a motion to compel arbitration. Here, the parties’ agreement provided for arbitration of disputes with the exception of those involving debts secured by California real property, and as to those provided that either party could demand a judicial reference to resolve the dispute. Defendant moved to compel arbitration or in the alternative for a judicial reference. While defendant’s appeal from denial of the motion was appropriate insofar as it challenged denial of arbitration, it was dismissed insofar as it challenged denial of a judicial reference. CCP 1294 allows appeals from orders denying motions to compel arbitration, but there is no comparable statute allowing an appeal from an order denying judicial reference. Also, the judicial reference part of the order was not an intermediate ruling leading to the denial of arbitration and so was not appealable under CCP 1294.2.
No. F078292, 2019 Cal. App. LEXIS 852 (Ct. App. Aug. 23, 2019)