Bachenheimer

I. INTRODUCTION

Defendant, Wells Fargo Bank, N.A., appeals from the September 24, 2013 order denying its motion to compel arbitration. Plaintiff, Beth Bachenheimer, had an investment account with defendant. She subsequently filed a complaint alleging fiduciary duty breach, negligence, and elder abuse after defendant allegedly lost her investment. Defendant moved to compel arbitration. Plaintiff contended defendant failed to present sufficient evidence she had signed any arbitration agreement. The trial court denied defendant’s motion to compel arbitration on that ground. Defendant concedes it does not have the original or a copy of the agreement signed by plaintiff. However, defendant submitted declarations from two individuals who claimed plaintiff could not have opened an account unless she agreed to the arbitration provision. Defendant argues these declarations are sufficient proof of the arbitration agreement between the parties because the original documents were lost or destroyed. We affirm.

II. BACKGROUND

A. Plaintiff’s Complaint

On March 5, 2013, plaintiff filed her complaint against defendant. Plaintiff alleges she is a dependent adult under Welfare and Institutions…