What is the standard of review for a contract where the parties do not agree to arbitrate?

California, United States of America


The following excerpt is from Lacayo v. Catalina Rest. Grp. Inc., 250 Cal.Rptr.3d 444, 38 Cal.App.5th 244 (Cal. App. 2019):

agree to arbitrate." ( Balandran v. Labor Ready, Inc. (2004) 124 Cal.App.4th 1522, 1528, 22 Cal.Rptr.3d 441 ; see also Bono v. David (2007) 147 Cal.App.4th 1055, 1063, 54 Cal.Rptr.3d 837 ["[T]he contractual terms themselves must be carefully examined before the parties to the contract can be ordered to arbitration," and "[t]here is no public policy favoring arbitration of disputes which the parties have not agreed to arbitrate"].)

Our standard of review when there is no factual dispute as to the language of the agreement is de novo. ( Bono v. David , supra , 147 Cal.App.4th at p. 1061-1062, 54 Cal.Rptr.3d 837.)5

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