Oral Testimony In A Law & Motion Matter.

The trial court concluded an arbitration clause was susceptible to conflicting interpretations with respect to scope.  It considered extrinsic evidence with respect to the intent of the parties, and received oral testimony at the motion.  The appellate court found the court acted within its discretion.  Burch v. Premier Homes, LLC   (Cal. App. Second Dist., Div. 3;  September 28, 2011) 199 Cal.App.4th 730, [131 Cal.Rptr.3d 855].