Can a motion to compel arbitration be heard on the basis of fraud?

Defendants correctly contend the court erred in denying the petition on the ground of fraud, for want of any supporting evidence. A petition to compel arbitration is to be heard in the manner of a motion. (Code Civ.Proc., 1290.2.) Factual issues on motions are submitted on affidavits or declarations (or oral testimony in the court's discretion). (Code Civ.Proc., 2009; Haldane v. Haldane (1962) 210 Cal.App.2d 587, 593, 26 Cal.Rptr. 670.) Strauch submitted no evidence, via affidavit or declaration, in support of the factual allegations of fraud. Thus, the court's unsupported finding that the arbitration clause was obviated by fraud cannot stand.