Hughey v. City of Hayward

Opinion

THE COURT. *

On a motion to dismiss this appeal, we point out an inconsistency between rule 2(b) and rule 391 of the California Rules of Court which creates uncertainty as to the date of entry of an appealable order, and we urge the Judicial Council to address the problem.

This wrongful death action was submitted to judicial arbitration, which resulted in denial of plaintiff’s claim. Plaintiff did not request a trial de novo, and judgment was entered on the arbitrator’s ruling. The judgment is nonappealable. (Code Civ. Proc., § 1141.23.)

Plaintiff moved unsuccessfully to vacate the…