Bugna

Bugna v. Fike

Good Law
2000 Cal. App. LEXIS 319·2000 Daily Journal DAR 4349·80 Cal. App. 4th 229·95 Cal. Rptr. 2d 161·2000 Cal. Daily Op. Serv. 3249
Court of Appeal of CaliforniaApril 26, 2000No. A087632California2,287 words

Opinion

Lead Opinion

Reardon, J.

*231 Opinion

This is an appeal from an order granting defendants’ motion to stay the action on grounds of inconvenient forum. We affirm.

I. Background

A. The Parties

Appellants are Drs. Eric E. Bugna, John C. Kofoed, Santi Rao and David L. Guzman; The Specialists Orthopedic Medical Corporation (SOMC), a small medical clinic through which the doctors operate their orthopedic practice; and The Specialists Surgery Center (SSC), an ambulatory surgery center in which three of the doctors are partners. Respondents are Ronald D. Fike, Jr., appellants’ former office administrator and longtime business partner; John Finlay, a healthcare consultant residing in Texas; David S. Piper, a Texas attorney; and Edward L. Schafman, a Texas accountant.

B. The Service Agreements

What these parties have in common are two agreements 2 gone sour which appellants entered into with Specialty Care Network, Inc. (SCN), a physician management company incorporated in Delaware, with its principal place of business in Lakewood, Colorado. Under the agreements, SCN agreed to “manage” the doctors’ practice in exchange for annual service fees defined as the greater of 35 percent of revenues, or a base…

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