Mouradian v. Jehdian CA2/5

Filed 9/19/14 Mouradian v. Jehdian CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

ANDRANIK MOURADIAN et al., B251932

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. EC060154) v.

MICHAEL V. JEHDIAN et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, David Milton, Judge. Affirmed. Kaufman Borgeest and Ryan, Jeffrey S. Whittington and Robert J. Hudock for Defendants and Appellants. No appearance for Plaintiffs and Respondents.

I. INTRODUCTION

Defendants, Michael V. Jehdian, Law Offices of Michael V. Jehdian and Law Offices of Michael V. Jehdian, APC, moved to compel arbitration against a former client, Andranik Mouradian (Mr. Mouradian). Defendants also sought to enforce the written arbitration agreement against several nonsignatory plaintiffs, Lucy Mouradian, Arous Mouradian and Albert Shamamian. The trial court granted defendants’ motion to compel arbitration as to Mr. Mouradian but stayed the matter as to the nonsignatory plaintiffs’ sole claim for attorney malpractice. Defendants appeal from the order staying the nonsignatory plaintiffs’ attorney malpractice claim until after arbitration. Defendants argue the nonsignatory plaintiffs should have been ordered to arbitrate their attorney malpractice claim. We affirm the order.

II. BACKGROUND

A. Complaint

On February 4, 2013, plaintiffs filed a complaint against defendants. The complaint alleges in May 2012, Mr. Mouradian retained defendants to represent him in a Chapter 7 bankruptcy matter. Mr. Mouradian signed a fee agreement and paid defendants a retainer fee of $2,000. Mr. Mouradian contacted defendants to discuss the bankruptcy proceeding but was transferred to defendants’ office assistant, Karine Manvelian. Later, Ms. Manvelian visited Mr. Mouradian to have him sign necessary documents to file the bankruptcy petition. Mr. Mouradian disclosed he had transferred property to his daughters, Lucy and Arous Mouradian in July 2009. Mr. Mouradian asked whether this transfer of property would affect the bankruptcy proceedings about to be commenced. Ms. Manvelian allegedly advised Mr. Mouradian he did not have to disclose the transfer of property in his bankruptcy filings. Relying on Ms. Manvelian’s guidance, Mr. Mouradian signed all the documents she provided him that day. Later