Buckhorn

Buckhorn v. St. Jude Heritage Medical Group

Good Law
121 Cal. App. 4th 1401·18 Cal. Rptr. 3d 215·2004 Cal. App. LEXIS 1452·2004 Daily Journal DAR 10856·21 I.E.R. Cas. (BNA) 1374
Court of Appeal of CaliforniaAugust 31, 2004G032748California2,091 words

Opinion

Opinion

Aronson, J.

Defendants St. Jude Heritage Medical Group (Medical Group) and St. Jude Heritage Health Foundation (Health Foundation) appeal from an order denying their motions to compel arbitration in a wrongful termination action filed by Carl Buckhorn, a physician formerly employed by the Medical Group. Buckhorn also sued defendants for various torts allegedly committed after he was discharged, including defamation and interference with prospective economic advantage. Defendants contend Buckhorn is subject to the arbitration clause in his employment agreement, which provides for mandatory arbitration of disputes “concerning the enforcement or the interpretation of any provisions of this Agreement.” Buckhorn argues the arbitration clause does not apply because the defendants’ tortious conduct occurred after he was terminated.

We reject Buckhorn’s temporal test and conclude his tort claims fall within the scope of the arbitration clause because they stem from the contractual relationship between the parties. Because we conclude the order denying arbitration under the employment agreement was erroneous, we do not reach defendants’ second argument that Buckhorn, as an employee and part…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.