What standard of review applies to a motion to compel arbitration?

California, United States of America


The following excerpt is from Avelar v. Seven Fifty-Four, Inc., E059862 (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.]" [Citation.]' [Citation.]" (Network Capital Funding Corporation v. Papke, supra, 230 Cal.App.4th at pp. 508-509.)

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