Superior Court’s Order Vacating Partial Award Of Arbitrator Not Yet Appealable Because Not Final.

Plaintiff brought a private attorney general action [PAGA] alleging various employment related issues on behalf of herself and other aggrieved employees. In a separate action, filed as a class action, she alleged similar employment claims on behalf of herself and class members. The trial court declared the two actions as being related actions, but did not order them consolidated. The trial court granted defendants’ petition to compel arbitration and stay proceedings in the individual/PAGA action, concluding the FAA governed the arbitration agreement and that plaintiff’s “employment-related claims” and her “individual PAGA claims were covered by the arbitration agreement. The court also granted defendants’ petition in the class action to compel arbitration and stay proceedings “only as to Plaintiff’s individual claims,” again concluding that the FAA applied. Both cases proceeded to arbitration. The arbitrator decided both of plaintiff’s actions, including her representative and class claims, were subject to arbitration. The arbitrator proceeded to make a “partial final award,” and defendants successfully moved for vacation of the “partial final award” in the trial court. Plaintiff appealed the order vacating the “partial final award.” The Court of Appeal dismissed the appeal, holding the partial award was not appealable because the arbitrator had not yet ruled on any of the substantive issues in arbitration. (Judge v. Nijjar Realty, Inc. (Cal. App. Second Dist., Div. 7; December 17, 2014) 232 Cal.App.4th 619 [181 Cal.Rptr.3d 622].)