Chan

I. INTRODUCTION

This is an appeal by defendant Delta Dental of California (Delta) from an order of the trial court denying its petition to compel arbitration of a contract dispute between it and plaintiff, Susan Chan D.D.S. (Dr. Chan). The trial court found that there was no written and signed arbitration agreement between the parties, and hence denied Delta’s petition. Delta’s appeal is based on the fact that there was a later form of provider agreement, albeit one not executed by Dr. Chan, which did contain an arbitration clause. The trial court rejected this contention and denied Delta’s petition. We agree and affirm the court’s order.

II. FACTUAL AND PROCEDURAL BACKGROUND

Dr. Chan is an endodontist who practices in Walnut Creek. She obtained her Bachelors of Science degree from the University of California, Berkeley and her Dental Degree in Surgery from the University of California, Los Angeles. She then served as a general dentist for the U.S. Air Force, and attained the rank of Captain. She was honorably discharged from the Air Force in 1996. After continuing to practice general

1 dentistry for a few years, she obtained a Masters Degree in Medical Science in Biology…