Mulvihill v. Norway Maple Holdings
In May 2016, plaintiff April Mulvihill sued defendants Norway Maple Holdings, LLC and Plum Healthcare Group, LLC for elder abuse and negligence. Defendants filed a motion to compel arbitration shortly thereafter. Plaintiff then consented to arbitration and the petition to compel arbitration was granted.
Plaintiff, however, was dissatisfied with the contemplated pace of proceedings in arbitration. Citing her advanced age and health issues, she moved for calendar preference (see Code Civ. Proc., § 36)[1] in the arbitration. She was unsuccessful. She then applied ex parte to the court to set aside its prior order compelling arbitration and to set a trial date with calendar preference. The court granted plaintiff’s application, setting a jury trial for December 5, 2016.
Defendants appealed the court’s order. (§ 1294, subd. (a) [order denying petition to compel arbitration is appealable].) Their 31-page opening brief primarily argues that the court lacked jurisdiction to iss
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