What is the test for petitioning a superior court for an order compelling the parties to arbitrate their dispute pursuant to an arbitration agreement?

California, United States of America


The following excerpt is from Mostafavi v. Serratos, B285638 (Cal. App. 2019):

A party may petition the superior court for an order compelling the parties to arbitrate their dispute pursuant to an arbitration agreement under Code of Civil Procedure section 1281.2. To determine whether the parties' dispute falls within the scope of an arbitration agreement, we apply general principles of California contract law. (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) We try to give effect to the parties' intentions by looking to the usual and ordinary meaning of the contractual language and the circumstances under which the contract was formed. (Bono v. David (2007) 147 Cal.App.4th 1055, 1063.)

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