Nghiem v. Fujitsu Microelectronics
This is the second appeal filed by plaintiff Peter P. Nghiem in this case. Plaintiff sued his former employer Fujitsu Microelectronics, Inc. (FMI), among others, for wrongful termination. The matter was arbitrated pursuant to FMIs written arbitration policy and the arbitrator ruled against plaintiff. Plaintiff challenged the ruling by way of a petition to the superior court to vacate the arbitration award. The superior court denied the petition. (Code Civ. Proc., 1285.)[1] Plaintiff took his first appeal from the order denying his petition to vacate the arbitration award. (Nghiem v. Fujitsu Microelectronics, Inc. (Dec. 13, 2006) H029952 [nonpub. opn.] (Nghiem I).)[2] After reviewing the briefs and the record in Nghiem I, we determined that the order was not appealable and obtained supplemental briefing on the question of whether we should dismiss the appeal as being taken from an unappealable order. Defendants urged us to dismiss. Plaintiff asked us to reach the merits by treating the appeal as a petition for extraordinary relief. It was appropriate to do so, he claimed, because confirmation of the award and entry of judgment of confirmation here would be a mere formality in light of the trial courts denial of Plaintiffs motion to vacate. . . . . The judgment is affirmed.
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