Davenport v. Blue Cross of California

In Davenport v. Blue Cross of California (1997) 52 Cal.App.4th 435, the court considered whether Code of Civil Procedure section 1281.8 was applicable to arbitration agreements governed by the FAA. The court explained that although state procedural rules generally govern arbitration proceedings covered by the FAA, it was unclear whether section 1281.8 was procedural or substantive. The court ultimately concluded it "need not decide whether section 1281.8 " applied because federal authorities had recognized that the FAA permitted courts to grant provisional relief under the factual circumstances presented in that case.