Litigation & Arbitration,
Contracts
May 1, 2026
When arbitration contracts speak clearly and unmistakably, courts step aside
A court faced with a motion to compel arbitration must first determine whether a valid and enforceable agreement exists unless the parties have "clearly and unmistakably" delegated that gateway issue to the arbitrator.
Dan Jacobson
Attorney
Jacobson & Associates
Phone: (714) 505-4872
Email: dlj@jacobsonlawyers.com
Dan Jacobson is a practicing attorney in Tustin; a law professor-emeritus; a retired Governor of the California Insurance Guarantee Association, having been appointed to that position by Congressman John Garamendi, when Congressman Garamendi was California's Insurance Commission; and, a recently retired member of California's Board of Accountancy, having been appointed to that position by Assembly-Speaker Anthony Rendon.
"In general, when a motion to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the trial court must determine whether a valid agreement exists and, if any defense is asserted, whether the agreement is enforceable." Wright v. WellQuest Elk Grove, LLC (March 18, 2026, Third Appellate District) 119 Cal.App.5th 267, 274; [Emphasis added.]. This makes sense, because before a c...
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