Fallbrook Hospital Corp. v. California Nurses Ass'n/National Nurses Organizing Committee

MEMORANDUM

Fallbrook Hospital Corporation (“Fall-brook”) appeals the district court’s dismissal of its Third Amended Complaint (“TAC”) against the California Nurses Association/National Nurses Organizing Committee (“CNA”). The TAC alleged that CNA breached an implied agreement to arbitrate all disputes with Fallbrook and to bargain in good faith. We have jurisdiction under 28 U.S.C. § 1291 and we affirm the district court judgment.

1. Fallbrook’s allegations in support of its contention that the parties entered into an implied agreement to arbitrate all disputes are either conclusory, implausible, or inconsistent with ah implied arbitration agreement. See Lance Camper Mfg. Corp. v. Republic Indem. Co., 44 Cal.App.4th 194 , 51 Cal.Rptr.2d 622, 628 (Cal.Ct.App.1996) (“[I]t is well settled that an action based on an implied-in-fact or quasi-contract cannot lie where there exists between the parties a valid express contract covering the same subject matter.”).

2. The arbitration claim also fails because it is premised on the contention that CNA breached an alleged implied contract for mandatory, binding arbitration by successfully pursuing a claim against Fall-brook before the…