Vianna

Vianna v. Doctors' Management Co.

Good Law
1994 Cal. App. LEXIS 875·27 Cal. App. 4th 1186·33 Cal. Rptr. 2d 188·94 Daily Journal DAR 12117·94 Cal. Daily Op. Serv. 6615
Court of Appeal of CaliforniaAugust 29, 1994A062778California1,055 words

Opinion

Opinion

Perley, J.

Respondent Antonio Vianna sued The Doctors’ Management Company (Doctors) and three individuals for damages arising out of the termination of his employment with Doctors. Doctors appeals from an order denying its petition to compel arbitration pursuant to Code of Civil Procedure section 1281.2. We reverse.

I.

Vianna began his employment at Doctors on May 29, 1990, as vice-president for human resources. While employed by Doctors, Vianna had three annual written employment contracts, one for each year of employment. The last employment contract was executed on July 20, 1992, and covered the year beginning July 1, 1992, through June 30, 1993.

The contract included a termination clause allowing either party to terminate the agreement “with or without cause and without regard to any verbal or implied company policy or practice upon thirty (30) days written notice to the other.” In addition, the contract contained an arbitration clause which provided “[i]n the event of any dispute of any kind whatsoever, regarding the meaning, interpretation or enforcement of the provisions of this Agreement, both parties agree that the matter shall be resolved through the use of binding…

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.