Judge Lynne M. Hobbs, Case Number: 21STCV24214, Date: 2023-12-07 Tentative Ruling

Judge: Lynne M. Hobbs, Case: 21STCV24214, Date: 2023-12-07 Tentative Ruling

Case Number: 21STCV24214 Hearing Date: December 7, 2023 Dept: 30

RONALD DUETTE vs JAMES J ELIST, M.D.

Motion to Compel Arbitration

TENTATIVE

Defendant’s Motion to Compel Arbitration is GRANTED. The proceedings of this action are stayed pending the outcome of the parties’ arbitration. Moving party to give notice.

Request for Judicial Notice

Defendant requests the Court take judicial notice of the complaint in this matter.

The request is GRANTED under Evidence Code section 452(d).

Legal Standard

“A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1281.) “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc., § 1281.2.)

In ruling on a motion to compel arbitration, “the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach a final determination.” (Peng v. First Republic Bank (2013) 219 Cal.App.4th 1462, 1468.) The court’s involvement is limited to “determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue.” (See Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955.) “California has a strong public policy in favor of arbitration and any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration.” (Coast Plaza Doctors Hosp. v. Blue Cross of Cal. (2000) 83 Cal.App.4th 677, 686.)

“The party seeking arbitration bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence, and the party opposing arbitration bears the burden of proving by a preponderance of the evidence any defense, such as unconscionability.” (Pinnacle Museum Tower Assn. v. Pinnacle Market Dev. (US), LLC (2012) 55 Cal.4th 223, 236.)

Discussion

Defendant moves to compel Plaintiff to arbitrate his claims, arguing Plaintiff entered into a valid and enforceable arbitration agreement.

I. Existence of Valid Written Agreement to Arbitrate

All arbitration agreements are signed in person prior to any treatment that would require the execution of said agreements. (Elist Decl., ¶ 4; Exhs. C-D.) Plaintiff signed the Arbitration Agreements on May 11, 2018, February 7, 2019, February 8, 2019 and July 22, 2019. (Id., ¶ 7; Exh. D.)

The relevant language of the arbitration provision states:

Article 1: It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.

Article 2: It is the intention of the parties that this agreement binds all parties whose claims may arise out of or relate to treatment or service provided by the physician…

All claims for monetary damages exceeding the jurisdiction limit of the small claims court against the physician, and the physician's partners, associates, association, corporation or partnership, and the employees, agents and estates of any of them, must be arbitrated. (Id.)

Defendant has met his burden to show a valid arbitration agreement exists between Defendant and Plaintiff, as Defendant was the physician, and the agreement covers all claims against the physician.

II. Claims Fall within Scope of Arbitration Agreement

Plaintiff’s claims for medical malpractice, lack of informed consent, lack of consent, and negligent misrepresentation all arise out of the medical services rendered. Thus, Plaintiff’s claims fall within the scope of the arbitration agreement.

Because Defendant has proven the existence of a valid arbitration agreement, and that the claims fall within the scope of the arbitration agreement, Defendant’s motion to compel arbitration is granted.

No opposition was filed.