Juen v. Alain Pinel Realtors, Inc.

*975Defendants appeal from an order denying their motions to compel arbitration, arguing that the trial court erred by finding no enforceable arbitration agreement. We will affirm the order. For the reasons stated here, defendants have failed to show through custom and habit evidence that the broker had initialed the arbitration clause on the original residential listing agreement, or that the defendant realtor had assented to arbitration through other conduct.

I. BACKGROUND

Plaintiff engaged Alain Pinel Realtors, Inc. (Pinel) to sell his Danville home in 2008. In 2015 he filed a putative class…