J.H. Boyd Enterprises, Inc. v. BoydAnnotate this Case
Appellants appealed the denial of their motion to compel arbitration or, in the alternative, motion for judicial review. Appellants' motion stemmed from claims JHBE brought against them for judicial foreclosure and declaratory relief related to a promissory note JHBE entered into with the Boyd Trust, which was secured by a deed of trust.
The Court of Appeal affirmed the order denying the motion to compel arbitration. In this case, the parties' dispute is governed by California law, and because the dispute concerns a secured loan and JHBE has not elected to proceed with the arbitration, under paragraph F of the agreement, the dispute cannot be submitted to arbitration. Furthermore, because an order denying judicial reference is not an appealable order, the court granted JHBE's motion to dismiss that portion of the appeal.