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STRAUCH v. EYRING

Docket No. A063471.

30 Cal.App.4th 181 (1994)

35 Cal. Rptr.2d 747

LEO STRAUCH et al., Plaintiffs and Respondents, v. PHILIP EYRING et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Five.

November 18, 1994.

Attorney(s) appearing for the Case

COUNSEL

Edward W. Polson and Virginia L. Ekelund for Defendants and Appellants.

Richard B. Glickman and Geoffrey C. Rushing for Plaintiffs and Respondents.

OPINION

KING, J. —

I. INTRODUCTION

In this case we hold that a petition to compel arbitration may not be denied on the ground of fraud alleged in an unverified pleading, but only upon evidentiary support by an affidavit or declaration under penalty of perjury submitted in opposition to the petition.

II. BACKGROUND

Leo Strauch and the Milton Strauch...

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