California
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Appeal Treated As Writ
 

Nonappealable Order Treated as Writ of Mandate Allstate Ins. v. Sup. Ct.B188620

DISCUSSION[2]

 This is an appeal from a nonappealable order granting a petition to vacate an arbitration award and ordering further proceedings before the same arbitrator.  We treat the appeal as a petition for a writ of mandate, direct the court to correct the arbitration award to conform to the parties’ agreement, and issue a writ commanding the trial court to vacate its order.

[2] Allstate concedes that the trial court’s order is not appealable, but both sides ask us to treat the appeal as a petition for a writ of mandate and reach the merits of Allstate’s arguments.  (Olson v. Cory (1983) 35 Cal.3d 390, 398-401.)  The request is granted.

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Allstate Ins. v. Sup. Ct.B188620
8/29/06 CA2/1