Plaintiffs invested in six separate funds created by defendant, some of them investing in all six funds and others in vesting in one or more of the funds. Some of the funds contained arbitration provisions, and some did not. The trial court denied all six petitions to arbitrate. The appellate court reversed and remanded, stating: “Because Defendants failed to request a statement of decision, we must presume the trial court found section 1281.2(c)’s conditions were satisfied on each of Defendants’ six motions. We must, however, reverse the trial court’s decision because the record lacks substantial evidence to support the implied finding each of section 1281.2(c)’s conditions were satisfied on each motion. We remand the matter for the court to consider each motion under section 1281.2(c). As explained below, some groups of Plaintiffs may satisfy section 1281.2(c)’s conditions, but we cannot make that determination on the current record.” Acquire II, Ltd. v. Colton Real Estate Group (Cal. App. Fourth Dist., Div. 3; February 11, 2013) 213 Cal.App.4th 959.
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