Brookwood

Plaintiff Johnetta Brookwood sued her former employers defendants Bank of America NT & SA, a California corporation (hereafter, Bank), BA Investment Services, Inc., a California corporation (hereafter, BAIS), and Robert Goldman for wrongful termination (sex discrimination) contrary to California’s Fair Employment and Housing Act. (Gov. Code, § 12900 et seq.) Defendants filed a petition to compel arbitration on the ground that a written agreement to arbitrate existed. (Code Civ. Proc., § 1281.2.) Plaintiff opposed the petition by arguing that (1) she did not knowingly agree to submit her claims to arbitration, and (2) no agreement to arbitrate with Bank existed in any event. The trial court granted the petition, and plaintiff appeals from the order. We affirm.

Scope of Review

In California the issue of the validity of an arbitration agreement “is determined upon a petition to compel arbitration.” (Strauch v. Eyring (1994) 30 Cal.App.4th 181, 185-186 [ 35 Cal.Rptr.2d 747 ].) “A petition to compel arbitration is to be heard in the manner of a motion. [Citation.] Factual issues on motions are submitted on affidavits or declarations (or oral testimony in the court’s…