Theresa D. v. MBK Senior Living LLC

DISCUSSION

I. General Legal Principles

In California, “ ‘[g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.’ ” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236.) Although public policy favors arbitration, that policy

3 “ ‘ “ ‘does not extend to those who are not parties to an arbitration agreement.’ ” ’ ” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057 (Espejo).) We review an order denying a motion to compel arbitration for abuse of discretion unless the matter presents a pure question of law, in which case our review is de novo. (Espejo, supra, 246 Cal.App.4th at pp. 1056–1057.) To the extent the court’s decision is based on disputed facts, we review the decision for substantial evidence. (NORCAL Mutual Ins. Co. v. Newton (2000) 84 Cal.App.4th 64, 71.) There is no dispute as to the operative facts here, and our review is accordingly de novo. When a party has filed a petition to compel arbitration, the trial court must determine in a summary proceeding whether an “agreement to arbitrate the controversy exists.” (Code Civ.…