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Mercury Insurance Group v. Superior Court

11/9/1998

app. dism. in part and judg. revd. in part on other grounds sub nom. Southland Corp. v. Keating (1984) 465 U.S. 1.) We also note that "consolidation" of contractual arbitration and judicial arbitration would, at best, be awkward, in light of their mutual exclusiveness and independence and their various differences. Gordon asserts that such "consolidation" is not thereby "prevent ." (Gordon v. G.R.O.U.P., Inc., supra, 49 Cal.App.4th at p. 1007, fn. 13.) The question, however, is whether it is authorized. That may be left to another day.


V.


For the reasons stated above, we conclude that we must reverse the judgment of the Court of Appeal and remand the cause to that court with directions to affirm the order of the superior court denying Mercury's motion for separate judicial arbitration and contractual arbitration.


It is so ordered.


MOSK, J. WE CONCUR: George, C. J. Kennard, J. Baxter, J. Werdegar, J. Chin, J. Brown, J.


See next page for addresses and telephone numbers for counsel who argued in Supreme Court.


Unpublished Opinion Original Appeal Original Proceeding Review Granted XXX 59 Cal.App.4th 1463 Rehearing Granted


Opinion No. S067462 Date Filed: November 9, 1998


Court: Superior County: San Bernardino Judge: W. Robert Fawke*






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