Trial Court Must Hold Hearing On Whether Parties Agreed To Class Arbitration.

The trial court granted defendant’s motion to compel arbitration, but rejected its request that the court order individual arbitration.  The appellate court granted defendant’s petition for extraordinary relief and ordered the trial court to vacate its order denying individual arbitration and provide the parties with an opportunity to submit evidence and argument on the issue of whether the arbitration contract reflects a mutual intent to permit class arbitration.  Truly Nolen of America v. Sup. Ct. (Alvaro Miranda)  (Cal. App. Fourth Dist., Div. 1; August 9, 2012) 208 Cal.App.4th 487.