California, United States of America
The following excerpt is from Bryant v. Investco Mgmt., A143316 (Cal. App. 2018):
" ' "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.]" ' [Citations.] '[W]hen ruling on a petition to compel arbitration, the superior court may consider evidence on factual issues such as contract formation bearing on the threshold issue of arbitrability. . . . On appeal we must review the court's factual ruling on arbitrability under the substantial evidence test.' [Citation.] ' "[W]e review the trial court's order, not its reasoning, and affirm an order if it is correct on any theory apparent from the record." ' [Citation.]" (Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 686.)
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