Legal Opinion
Brock v. Kaiser Foundation Hospitals
California Court of Appeal
Decided November 20, 1992No. C011372PublishedCited by 60 opinions
1Opinion of the Court
Opinion
SPARKS, J.
In this case we examine the distinction between an action at law and a contractual arbitration proceeding based on the same dispute and conclude that they are independent remedies. This distinction plays a critical role in the resolution of the two questions posed by this appeal.
The first is whether an action at law stayed during the pendency of contractual arbitration proceedings may nevertheless be dismissed for failure to bring it to trial within five years under Code of Civil Procedure section 583.310 (subsequent undesignated section references are to this code). Under…
2Cases cited26 opinions
- Lord v. GarlandCalifornia Supreme Court · 1946
- Atlas Plastering, Inc. v. Superior CourtCalifornia Court of Appeal · 1977
- McRae v. Superior CourtCalifornia Court of Appeal · 1963
- Marcus v. Superior CourtCalifornia Court of Appeal · 1977
- Cook v. Superior CourtCalifornia Court of Appeal · 1966
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3Cited by60 opinions
- Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997
- Oto, L. L.C. v. KhoCalifornia Supreme Court · 2019
- Coast Plaza Doctors Hospital v. Blue CrossCalifornia Court of Appeal · 2000
- Martinez v. Master Protection Corp.California Court of Appeal · 2004
- Eng. & Architects Assn. v. Community Dev. Dept. of City of Los AngelesCalifornia Court of Appeal · 1994
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