Practitioner Blog
Owens v. Menzies Aviation (USA), Inc.
California Court of Appeal, Second Appellate District, Division Five · August 2026 · Civil Procedure Unpublished
Docket No. B324385 — citation not yet assigned (2024)
Unpublished opinion. A small number of the opinions below are unpublished and cannot be cited or relied on in any other California proceeding under Rule of Court 8.1115. They are included, and marked as such, because the procedural reasoning is still useful to understand even where it carries no citable weight.
Procedural Issue
Appealability — timeliness of notice of appeal
Holding
Where a party moves to lift an arbitration stay and the trial court grants that motion, a later motion styled as reconsideration — or, in the alternative, a renewed motion to compel arbitration — does not create a second, independently appealable order or extend the time to appeal the original stay ruling. The clerk's mailing of a minute order together with a separately file-stamped certificate of mailing satisfied the single-document rule of Alan v. American Honda Motor Co. for triggering the shorter appeal deadline, so a notice of appeal filed more than 60 days after that mailing was untimely and the appeal was dismissed.
Why It Matters
This is a real trap for anyone appealing from an order compelling or refusing to compel arbitration. Filing a motion for reconsideration — even styled in the alternative as a renewed motion to compel — does not toll or restart the appeal clock on the underlying order, and courts will look past the label a party puts on its own motion. Calendar the appeal deadline from the original order, not from the ruling on any later reconsideration motion, unless you have confirmed the reconsideration motion independently qualifies for the extension under rule 8.108.
Read the Opinion
About This Entry
Court: California Court of Appeal, Second Appellate District, Division Five
Topic: Civil Procedure
Month: August 2026
Publication status: Unpublished
Last verified: 2026-08-31
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