Pagett

Petitioners appeal from the denial of their amended petition for order compelling arbitration under section 1281.2 of the Code of Civil Procedure. The appeal lies. (Code Civ. Proc., § 1294, subd. (a); Esparza v. State Farm Mut. Auto. Ins. Co., 257 Cal.App.2d 496, 498, fn. 1 [ 65 Cal.Rptr. 245 ].)

Contention

It is contended by petitioners that, because the petition alleges the existence of a written agreement to arbitrate a controversy, that a party thereto refuses to arbitrate and there is no finding that the right to compel arbitration has been waived or that grounds exist for revocation of the agreement, an order compelling arbitration is mandatory even though the claimed arbitrable issue itself may be without substantive merit.

Discussion

For reasons to be subsequently stated, we conclude that the amended petition is substantively meritless and subject to being denied by the appropriate tribunal, be it a court or an arbiter. We turn first to the procedural question of which of the two should perform that function in this case.

A written self-executing agreement to submit a present or future controversy to arbitration is valid and enforcible. (Code Civ. Proc., §…