#Flawless laser center professional

This agreement is also intended to bind any children of the patient whether born or unborn at the time of the occurrence giving rise to any claim. It is the intention of the parties that this agreement bind all parties as to all claims, including claims arising out of or relating to treatment or services provided by the health care provider including any heirs or past, present or future spouse(s) of the patient in relation to all claims, including loss of consortium. It is also understood that any dispute that does not relate to medical malpractice, including disputes as to whether or not a dispute is subject to arbitration, will also be determined by submission to binding arbitration. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitrationĪrticle 2 is entitled “All Claims Must be Arbitrated” and states: It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by state and federal law, and not by a lawsuit or resort to court process except as state and federal law provides for judicial review of arbitration proceedings. Article 1 is entitled Agreement to Arbitrate and states the following: Proc., 1281.4.)ĭefendants attach an arbitration agreement to their motion as Exhibit A to the declaration of Natasha Covarrubias. the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until the application for an order to arbitrate is determined and, if arbitration of such controversy is ordered, until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.” (Code of Civ. “If an application has been made to a court. Smylie (2009) 174 Cal.App.4th 1351, 1363.) Courts “use general principles of California contract law to determine the enforceability of the arbitration agreement.” ( Mission Viejo Emergency Medical Associates v. The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner or (b) Grounds exist for the revocation of the agreement.” (Code Civ. (Compl., 18-29.) On January 24, 2022, Defendants filed this petition to compel arbitration and to stay the matter. Plaintiff alleges that she sustained injuries during a laser hair removal treatment performed on July 31, 2020.

#Flawless laser center professional

(“Flawless Laser”) and Nathalia Gatdula (“Gatdula”) (collectively, “Defendants”) for negligence and professional negligence. On July 19, 2021, plaintiff filed this action against defendants Flawless Laser Center, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIAįOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT Case Number: *******6492 Hearing Date: FebruDept: 27