What is the standard of review for denying a motion to compel arbitration?

California, United States of America


The following excerpt is from Carlson v. Home Team Pest Def., Inc., 191 Cal.Rptr.3d 29, 239 Cal.App.4th 619 (Cal. App. 2015):

There is no uniform standard of review for evaluating an order denying a motion to compel arbitration. [Citation.] If the court's order is based on a decision of fact, then we adopt a substantial evidence standard. [Citations.] Alternatively, if the court's denial rests solely on a decision of law, then a de novo standard of review is employed. [Citations.] (Robertson v. Health Net of California, Inc . (2005) 132 Cal.App.4th 1419, 1425, 34 Cal.Rptr.3d 547.)

Other Questions


What is the standard of review for a motion to compel arbitration under section 1281.2? (California, United States of America)
What standard of review applies to a motion to compel arbitration? (California, United States of America)
What standard of review applies to a motion to compel arbitration? (California, United States of America)
What is the standard of review for a motion to compel arbitration? (California, United States of America)
Can a motion to deny a motion for judicial review be granted after a writ of appeal has been denied? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
What is the standard of review in a motion where a defendant is denied the opportunity to present a complete defense? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.