Trial Court Erred In Not Holding Evidentiary Hearing In Motion To Compel Arbitration.

In an action alleging investment mismanagement, defendants petitioned the court to compel arbitration. In opposition, plaintiffs argued, and supported their arguments with declarations, they were never provided with any agreements containing arbitration provisions, and what agreements they did enter were void for fraud in execution. The trial court ordered the case into arbitration, and plaintiffs lost. On appeal, plaintiffs argued their claims should not have been ordered into arbitration, contending among other things the trial court erred in not holding an evidentiary hearing. Agreeing the trial court should have held an evidentiary hearing, the appellate court reversed. (Ashburn v. AIG Financial Advisors, Inc. (Cal. App. First Dist., Div. 2; (February 6, 2015) 234 Cal.App.4th 79 [183 Cal.Rptr.3d 679].)