California Court of Appeal

Denial of motion to compel arbitration is reversed as order finding defendant failed to meet its burden to show that it had an enforceable agreement to arbitrate was erroneous where trial court failed to hold an evidentiary hearing before, not after, ruling on defendant's motion.

Appellate Information

• Decided 11/07/2006
• Published 11/07/2006

Judges

• DOI TODD, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Greenberg Traurig, Eric V. Rowen, Scott D. Bertzyk, Karin L. Bohmholdt, Miami, Florida; Paul, Hastings, Janofsky & Walker, Imran Hayat, Miguel Sanqui, Los Angeles; Wong & Mak, Fred Wong and Robert J. Demarco, Alhambra, for Defendant and Appellant., Bullivant Houser Bailey PC and Mark A. James, San Jose;  Snell & Wilmer, Richard A. Derevan and Marc L. Turman, Costa Mesa;  Good, Wildman, Hegness & Walley and Gary A. Dapelo, Newport Beach, for Plaintiffs and Respondents.