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P1463 So long as the arbitration has not yet begun, a plaintiff may voluntarily dismiss an action after an order has been issued compelling arbitration; once the action is dismissed, the court lacks jurisdiction to enforce the arbitration order; if the same plaintiff then sues the same defendant on a cause of action that does not arise from a contract containing an arbitration agreement, the former order compelling arbitration of the dismissed case is not a proper ground for a trial court to stay the second action.CitationCARDIFF EQUITIES v SUPERIOR COURT (Dismissed Case) 166 CA4 1541 [See: CCP 1281.4; Blake v Ecker 93 CA4 728, P/AT 1/02; Heritage v Superior Court 158 CA4 1146, P/AT 3/08; Shapell v Superior Court 132 CA4 1101, P/AT 11/05]
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