Hotels Nevada v. L.A. Pacific Center, Inc.

Defendant and appellant L.A. Pacific Center, Inc., appeals from an order denying its motion to compel arbitration. On the basis of information contained in an unverified complaint filed by plaintiffs and respondents Hotels Nevada and Inns Nevada (Hotels Nevada), as well as counsel’s arguments, the trial court concluded that appellant had failed to meet its burden to show that it had an enforceable agreement to arbitrate with Hotels Nevada. It further determined that an evidentiary hearing would be necessary to determine whether the parties had a meeting of the minds on material issues.

We reverse for the sole reason that the order in which these two determinations occurred was erroneous. According to Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394 [ 58 Cal.Rptr.2d 875 , 926 P.2d 1061 ] (Rosenthal), the party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing arbitration bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The role of the trial court is to sit as a trier of fact, weighing any affidavits, declarations, and…