Cochran

Plaintiffs Richard Cochran (Cochran) and his wife Ilia May Cochran filed a complaint against defendant Lawrence Rubens and others seeking recovery of damages for Cochran’s personal injury and his wife’s loss of consortium allegedly suffered as a result of defendants’ professional negligence. Rubens appeals from the court’s order denying his petition to stay the action and compel arbitration of plaintiffs’ claims against him. Rubens contends that pursuant to Code of Civil Procedure section 1295, subdivision (c), the arbitration agreement Cochran signed when he saw Rubens in 1990 governs the treatment Rubens provided him in 1993 (resulting in the instant litigation) because Rubens maintained an open book account for Cochran between his 1990 and 1993 visits. We conclude there is substantial evidence to support the court’s implied finding that Cochran’s book account closed after his 1990 visit. Accordingly, we affirm the order denying Rubens’s petition to compel arbitration.

Factual and Procedural Background

In July 1990, Cochran’s family physician referred Cochran to Rubens, an orthopedic specialist, for a consultation and evaluation concerning pain in his left ankle,…