PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Petition: Form & Content
10 Cards On This Topic:

All Arbitration Act proceedings are commenced by petition.

Compelled arbitration is sought by petition.

Code Civ. Proc. §1281.2 specifies necessary allegations.

Rules of Court specify the format of a petition to compel.

A petition to compel may be filed in lieu of an answer to complaint.

Petition to compel shall set forth agreement to arbitrate verbatim, or have attached copy, incorporated by reference.

Denial of motions to compel arb. re diverse investment options reversed where record lacked substantial evidence to support implied finding that each of CCP 1281.(c)'s conditions was satisfied on each motion.

Trial court must deny petition to compel arbitration where moving party fails to allege existence of written agreement containing an arbitration clause.

Petition to compel must allege specific facts, not mere conclusions, demonstrating existence of arbitrable controversy.

Failure to file supporting memorandum may be construed as admission of lack of merit.