Cave

In this appeal we hold that that failure of appellants, the law firm of Bryan Cave, L.L.P., Lynn K. Thompson, a lawyer in that firm (collectively Bryan Cave), and the law firm of Weil, Gotshal & Manges, Richard Ben-Veniste and Robert C. Odie, Jr., lawyers in that firm (collectively WGM), to prove they were third party beneficiaries of a contract containing an arbitration clause justified denial of a request to refer the matter to arbitration. Accordingly, we affirm the order of the trial court denying arbitration.

Factual Background Underlying the Present Lawsuit

Respondents City of Hope, City of Hope National Medical Center and Beckman Research Institute of City of Hope (collectively City of Hope) own and operate a biomedical research facility and a cancer treatment facility located in Duarte, California. In 1994 the then chief executive officer of City of Hope, Dr. Sanford Shapero, fired the then chief operating officer, Doe 3. Shapero then promoted Mr. Andrew Leeka to replace Doe 3. Doe 3 responded by accusing Leeka and Shapero of sexual harassment. After an investigation by outside counsel, City of Hope settled the matter by paying money in exchange for a release…