Leeper

DISCUSSION

Standard of Review “‘In the case where the trier of fact has expressly or implicitly concluded that the party with the burden of proof did not carry the burden and that party appeals, it is misleading to characterize the failure-of-proof issue as whether substantial evidence supports the judgment.’ [Citation.] ‘Thus, where the issue on appeal turns on a failure of proof at trial, the question for the reviewing court becomes whether the evidence compels a finding in favor of the appellant as a matter of law. [Citations.] Specifically, the question becomes whether the appellant’s evidence was (1) “uncontradicted and unimpeached” and (2) “of

3 such a character and weight as to leave no room for a judicial determination that it was insufficient to support a finding.”’ [Citation.]” (Juen v. Alain Pinel Realtors, Inc. (2019) 32 Cal.App.5th 972, 978-979 (Juen); Fabian v. Renovate America, Inc. (2019) 42 Cal.App.5th 1062, 1067 (Fabian).) The Trial Court Did Not Err in Denying Defendant’s Motion to Compel Arbitration An arbitration agreement must be in writing to be valid and enforceable. (Code Civ. Proc., § 1281.) “The validity of an arbitration agreement . . . is determined…