California Supreme Court, 1928

Pacific Orient v. Sup. Ct. of City Cty. of San Fran.

Pacific Orient v. Sup. Ct. of City Cty. of San Fran.
California Supreme Court · Decided January 16, 1928
262 P. 1117; 203 Cal. 797; 1928 Cal. LEXIS 864

Pacific Orient v. Sup. Ct. of City Cty. of San Fran.

Opinion of the Court

MEMORANDUM CASE.
THE COURT.

[1] Application for a writ of prohibition directing the respondent Superior Court to desist from further proceedings in an action brought to compel the petitioner here to submit a dispute or controversy to arbitration pursuant to the terms of the contract entered into before the present law on arbitration became effective. (Code Civ. Proc., secs. 1280 et seq., Stats. 1927, page 404.) The petition is denied on the authority of Inthe Matter of the Application of Berkovitz v. Arbib Houlberg, 230 N.Y. 261 [130 N.E. 288]; Red Cross Line v.Atlantic Fruit Co., 264 U.S. 109 [68 L.Ed. 582, 44 Sup. Ct. Rep. 174]. (All concur.)

Rehearing denied.

All the Justices concurred.

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