Bachrach
Bachrach v. Compagno CA2/1
Opinion
Opinion
Johnson, J.
DISCUSSION
The sole question on appeal is whether the arbitration provision encompasses the Bachrachs’ equitable claims seeking dissolution of Travelers and an accounting. Whether there is an agreement to arbitrate the present controversy turns on the language of the arbitration provision. There is no dispute here as to the language of that provision. Where, as here, the language of an arbitration provision is not in dispute, we conduct a de novo review of the trial court’s decision as to arbitrability. (Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677, 684 (Coast Plaza); Gravillis v. Coldwell Banker Residential Brokerage Co. (2006) 143 Cal.App.4th 761, 771 (Gravillis); EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1320 (EFund Capital).) Code of Civil Procedure section 1281.2 provides: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists . . .…