Kent Pivonka v. Allstate Insurance Company

U.S. Court of Appeals for the Ninth Circuit February 27, 2014

Kent Pivonka v. Allstate Insurance Company, 558 F. App'x 756 (9th Cir. 2014)

Opinion

*757 MEMORANDUM ***

Kent Pivonka appeals the district court’s order granting Allstate Insurance Company’s motion to compel appraisal and stay litigation of his putative class action.

Appraisal is a form of arbitration under California law. See, e.g., Doan v. State Farm Gen. Ins. Co., 195 Cal.App.4th 1082, 125 Cal.Rptr.3d 793, 801 (2011). We therefore lack jurisdiction to consider this appeal. See 9 U.S.C. § 16(b); Dees v. Billy, 394 F.3d 1290, 1294 (9th Cir. 2005) (“We therefore hold that a district court order staying judicial proceedings and compelling arbitration is not appeal-ablet.]”). 1

DISMISSED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

. Pivonka’s motion to take judicial notice of court records, filed with this Court on January 16, 2014, is DENIED as moot.

Reference

Full Case Name: Kent PIVONKA; James Smith, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation; Allstate Property and Casualty Company, an Illinois Corporation, Defendants-Appellees
Status: Unpublished