Juen

*975 Defendants appeal from an order denying their motions to compel arbitration, arguing that the trial court erred by finding no enforceable arbitration agreement. We will affirm the order. For the reasons stated here, defendants have failed to show through custom and habit evidence that the broker had initialed the arbitration clause on the original residential listing agreement, or that the defendant realtor had assented to arbitration through other conduct.

I. BACKGROUND

Plaintiff engaged Alain Pinel Realtors, Inc. (Pinel) to sell his Danville home in 2008. In 2015 he filed a putative class action lawsuit on behalf of California residents who between August 2004 and July 2011 had used Pinel in a transaction to buy or sell a home in California and had utilized TransactionPoint, a real estate software program developed by Fidelity National Financial, Inc. Plaintiff sued Pinel, certain managing owners and brokers, 1 and Fidelity subsidiaries alleging breaches of fiduciary duties, aiding and abetting, violations of Civil Code section 1710 and Business and Professions Code section 17200, constructive fraud, and unjust enrichment. Plaintiff alleged Pinel had entered into unlawful…