Lopez v. Charter Communications CA5
Appellant Charter Communications, Inc. (Charter) contends the trial court erroneously denied its motion to compel arbitration of this employment discrimination dispute. The court sustained objections to Charter’s evidence addressing the formation of the arbitration agreement and then determined Charter failed to prove the parties agreed to arbitration. Charter contends the court’s failure to consider its evidence violated the interpretation of Code of Civil Procedure section 1281.2 and California Rules of Court, rule 3.1330 adopted in Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060 (Espejo). We agree.
In Espejo, the appellate court concluded a party seeking to compel arbitration may meet its initial burden of showing an agreement to arbitrate simply by attaching a copy of the purported agreement to its motion. Here, Charter satisfied that initial burden by attaching a copy of the purported agreement to a declaration submitted with its motion
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