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BRODKE v. ALPHATEC SPINE INC.

No. G038591.

73 Cal.Rptr.3d 554 (2008)

160 Cal.App.4th 1569

Darryl S. BRODKE et al., Plaintiffs and Respondents, v. ALPHATEC SPINE INC. et al., Defendants and Appellants.

Court of Appeal of California, Fourth District, Division Three.

March 20, 2008.

Attorney(s) appearing for the Case

Mintz Levin Cohn Ferris Glovsky and Popeo, Harvey I. Saferstein, Los Angeles, and Nada I. Shamonki, for Defendants and Appellants.

Schnader Harrison Segal & Lewis, Stephen H. Dye, San Francisco, David Smith, and Gittel Hilibrand, for Plaintiffs and Respondents.

OPINION

IKOLA, J.

Code of Civil Procedure section 1281.21 requires a party moving to compel arbitration to "allege[ ] the existence of a written agreement to arbitrate...." (§ 1281.2.) The question before us is whether a trial court must deny a petition to compel arbitration where the moving party fails to allege the existence of a written agreement containing an arbitration clause. The answer is yes. Our holding is consistent...

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