Opinion
A104368.
11-20-2003
LATRELL SPREWELL, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; GULALAI RAHIMI, Real Party in Interest.
THE COURT:
Petitioner, Latrell Sprewell, is the defendant in a pending civil action concerning a real property transaction. By petition for writ of prohibition, he challenges an order of the Alameda County Superior Court setting the case for trial. He contends that the trial court was without authority to set a trial date because the case had been stayed and ordered to mediation and arbitration pursuant to Code of Civil Procedure section 1281.4. We agree and, having previously stayed proceedings in the superior court, we now issue our peremptory writ.
The parties are familiar with the background of this case. We therefore do not reiterate it here. (People v. Garcia (2002) 97 Cal.App.4th 847.) It is well-settled that "an arbitration has a life of its own outside the judicial system," (Byerly v. Sale (1988) 204 Cal.App.3d 1312, 1316), and that a "trial court may not step into a case submitted to arbitration and . . . set the case for trial." (Titan/Value Equities Group, Inc. v. Superior Court (1994) 29 Cal.App.4th 482, 489; and see Blake v. Ecker (2001) 93 Cal.App.4th 728.) Real party does not oppose the petition, and no useful purpose would be served by issuance of an alternative writ, further briefing and oral argument. (Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1240-1241.)
Therefore, let a peremptory writ of prohibition issue, commanding respondent, Alameda County Superior Court in Rahimi v. Sprewell (No. 2002058511) to take no further action in the case while arbitration is pending, other than to vacate its order setting the matter for trial. This case is final as to this Court immediately. (Cal. Rules of Court, rule 24(b)(3).) The stay previously imposed shall remain in effect until the remittitur issues.