California, United States of America
The following excerpt is from Mostafavi v. Serratos, B285638 (Cal. App. 2019):
" '[We] examine only the agreement itself and the complaint filed by the party refusing arbitration ... .' [Citation.] Because the trial court sits as a trier of fact in ruling on such a petition, its decision on the existence of a valid arbitration agreement will be affirmed on appeal if substantial evidence supports the ruling." (Rice v. Downs (2016) 247 Cal.App.4th 1213, 1223.) But if " 'there is no "factual dispute as to the language of [the] agreement" [citation] or "conflicting extrinsic evidence" regarding the terms of the contract [citation], our standard of review of a trial court order granting or denying a motion to compel arbitration under [Code of Civil Procedure] section 1281.2 is de novo.' [Citation.] 'We are not bound by the trial court's construction or interpretation.' [Citation.]" (Ibid.)
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