Defendant Wheel Pros LLC’s Motion to Compel Arbitration
The motion to compel arbitration is granted. The action is stayed pending arbitration. (Civ. Proc., § 1281.4.) “The trial court may resolve motions to compel arbitration in summary proceedings, in which ‘[t]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. [Citation.] In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach a final determination.’” (Lane v. Francis Capital Management LLC (2014) 224 Cal.App.4th 676.)
Applicability of the FAA The Federal Arbitration Act (“FAA”) governs arbitration in written contracts involving interstate commerce (9 U.S.C. § 1). The par