In Which The Trial Court Sums It Up Neatly For The Court Of Appeal.
In Chan v. Delta Dental of California, A138402 (1st Dist. Div. 2 July 10, 2014) (Kline, Richman, Brick) (unpublished), a dental service provider sought to enforce an unsigned arbitration agreement based on an arbitration agreement that a dentist had not signed. The trial court summarized its reasons for denying defendant Delta’s petition to compel arbitration of a contract dispute between it and plaintiff, Susan Chan, D.D.S. (Dr. Chan). Complimenting the trial judge, the Court of Appeal said, “We could not have summed up the proper result in this case better than that.” And so all we need to do now is quote the trial court:
“[Delta] has admitted that there is no signed, written agreement and is seeking to compel arbitration on an estoppel theory. Even if that were possible as a basis to compel arbitration, I find that [Delta] has not shown that Dr. Chan was estopped. The fact that Dr. Chan voluntarily availed herself of the right to mediation or arbitration does not mean there was a binding agreement to arbitrate where under all the evidence that’s before me in this case there’s no evidence she ever signed the 2006 contract.”
Above: Pulling monkey teeth. 5/29/24. Library of Congress.