Colvig v. RKO General, Inc

In Colvig v. RKO General, Inc. (1965) 232 Cal. App. 2d 56, a radio announcer sued his former employer for wrongful termination of employment. The employer demurred to the complaint on the ground that another action--an arbitration proceeding--was pending between the parties on the same cause of action. (See Code Civ. Proc., 430.10, subd. (c), formerly Code Civ. Proc., 430, subd. 3.) The trial court sustained the demurrer without leave to amend. The Court of Appeal reversed, stating that the arbitration proceeding was not pending because judgment had been entered in that case, i.e., the arbitration award had been confirmed. (Colvig v. RKO General, Inc., supra, 232 Cal. App. 2d at pp. 62-64 & fn. 3, 71-73.) Nor did it matter to the Court of Appeal that, in the arbitration proceeding, the superior court had continuing jurisdiction for the "purpose of meeting future problems, changed conditions or circumstances, or to consider new facts occurring since the making of the judgment or award." (Id. at pp. 72-73.) In short, the arbitration proceeding, having been reduced to judgment, did not preclude the wrongful termination action from going forward.