Vazquez
Vazquez v. SaniSure
Opinion
Opinion
Baltodano, J.
DISCUSSION
SaniSure contends the trial court should have granted its motion to compel arbitration because it showed the existence of
3 an arbitration agreement covering Vazquez’s second stint of employment. We disagree. “The party seeking to compel arbitration bears the burden of proving by a preponderance of the evidence [that] an agreement to arbitrate a dispute exists. [Citations.] To carry this burden of persuasion the moving party must first produce ‘prima facie evidence of a written agreement to arbitrate the controversy.’ [Citations.] ‘If the moving party meets its initial prima facie burden and the opposing party disputes the agreement, then the opposing party bears the burden of producing evidence to challenge the authenticity of the agreement.’ [Citations.] If the opposing party produces such evidence, then ‘the moving party must establish with admissible evidence a valid arbitration agreement between the parties.’ [Citation.]” (Trinity v. Life Ins. Co. of North America (2022) 78 Cal.App.5th 1111, 1120, alterations omitted (Trinity).) “ ‘[W]hen, as here, the [trial] court’s order denying a motion to compel arbitration is based on the court’s finding that [the moving…