Mid-Wilshire Associates v. O'Leary

In Mid-Wilshire Associates v. O'Leary (1992) 7 Cal.App.4th 1450, the Court of Appeal considered the exact issue before us -- the appealability of an order denying a motion to vacate an arbitration award. The court noted Code of Civil Procedure section 1294 authorizes an appeal from an order dismissing a petition to confirm, correct, or vacate an arbitration award. (Code Civ. Proc., 1294, subd. (b).) But the same is not true of an order denying a petition to vacate an arbitration award: "Such an order may be reviewed on appeal from the judgment of confirmation. . . . In this case, there is no judgment confirming the award. Accordingly, the appeal from the order compelling arbitration and the order denying the motion to vacate or correct the award must be dismissed." ( Mid-Wilshire, supra, 7 Cal.App.4th at p. 1454.) As Mid-Wilshire explains, "Appellate jurisdiction is solely within the province of our Legislature, since the right to appeal is not conferred by our Constitution but by statute. The Court is without power to bestow jurisdiction on itself, nor may the parties create jurisdiction by consent, waiver, or estoppel." ( Mid-Wilshire, supra, 7 Cal.App.4th at p. 1455.)