Zakarian

Zakarian v. Bekov

Good Law
119 Cal. Rptr. 2d 623·2002 Cal. App. LEXIS 4093·2002 Daily Journal DAR 5053·98 Cal. App. 4th 316·2002 Cal. Daily Op. Serv. 3990
Court of Appeal of CaliforniaMay 8, 2002A093757California4,095 words

Opinion

Opinion

Marchiano, J.

George Bekov, William Ellis, M.D., and the Ellis Eye and Laser Center of Northern California appeal from an order denying their motion to compel arbitration, arguing that the terms of the arbitration agreement expressly apply to joinder of parties such as Bekov, who are necessary for a complete settlement of the dispute. We reverse the order and direct the trial court to refer the issue of Bekov’s joinder in the arbitration to the arbitrator.

Background

The facts of this case arise out of circumstances that are closely related to a previous appeal in Chou v. Ellis (July 26, 2000, A088607) (nonpub. opn.) (Chou). In the previous case, plaintiffs Ching-Hua Chou and Long Hoang filed a class action complaint against Dr. William Ellis for damages arising out of laser eye surgery allegedly performed by Dr. Ellis with unapproved illegally imported ophthalmic lasers. In that case, we reversed the trial court’s denial of Dr. Ellis’s request to arbitrate the dispute because the allegations of the complaint arose out of the furnishing of professional services within the broad scope of the agreement to arbitrate pursuant to Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 [ 90…

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