Brodke

Code of Civil Procedure section 1281.2 requires a party moving to compel arbitration to “alleg[e] the existence of a written agreement to arbitrate . . . .” (§ 1281.2.) The question before us is whether a trial court must deny a petition to compel arbitration where the moving party fails to allege the existence of a written agreement containing an arbitration clause. The answer is yes. Our holding is consistent with the plain language of section 1281.2. Accordingly, we affirm the trial court’s denial of defendants’ petition to compel arbitration.

FACTS

Plaintiffs Darryl S. Brodke, Alan Hilibrand, Richard Ozuna, and Jeffrey Wang (collectively plaintiffs) are orthopedic surgeons. In March 2006, they sued Alphatec Spine Inc. (Alphatec), and other defendants for, among other things, breach of contract and fraud. In their complaint, plaintiffs allege they entered into four identical written contracts with Alphatec. Pursuant to each contract, entitled “Next Generation Spine System Product Development Agreement,” each plaintiff agreed to “make reasonable best efforts in the development of’ a “Next Generation Pedicle Screw and Hook System.” In return, Alphatec agreed to pay…