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P1107 A party moving to compel arbitration has the burden of showing by a preponderance of the evidence the existence of an agreement to arbitrate and may satisfy this burden by submitting a copy of the agreement containing the arbitration clause; the burden then shifts to a party opposing the motion, as on the ground of fraud in the execution, to prove by a preponderance of the evidence any fact necessary to its defense; before ruling on the motion, the trial court should determine the facts as in the hearing on any motion, sitting as trier of facts.CitationHOTELS NEVADA v LA PACIFIC (Fraud in Execution) 144 CA4 754 [See: Rosenthal v Great Western 14 C4 394 ]
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