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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication 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.,

Plaintiffs and Respondents,

v.

MICHAEL V. JEHDIAN et al.,

Defendants and Appellants.

 B251932

 (Los Angeles County

 Super. Ct. No. EC060154)

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.
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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 
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Mr. Mouradian was assured by defendants and Ms. Manvelian that the transfer of 

property to his daughters would not pose a problem. On May 6, 2012 defendants filed a 

Chapter 7 bankruptcy petition on behalf of Mr. Mouradian. On September 18, 2012, the 

bankruptcy trustee filed an action against Arous and Lucy Mouradian seeking to set aside 

the property transfer as a fraudulent conveyance. Arous and Lucy Mouradian were 

forced to obtain counsel to defend this action. To settle the matter, plaintiffs agreed to 

pay the bankruptcy trustee $137,500 to keep the property. 

Plaintiffs allege defendants committed legal malpractice. Plaintiffs allege 

defendant was negligent and careless in representing Mr. Mouradian by failing to 

calculate the proper time to file the bankruptcy action. Defendants’ negligence caused 

Arous and Lucy Mouradian to be named in a complaint filed by the bankruptcy trustee 

alleging fraudulent conveyance of the property. Plaintiffs were forced to defend the 

action resulting in a $137,500 settlement with the bankruptcy trustee. Plaintiffs also 

allege causes of action for contract and fiduciary duty breach. 

B. Defendants’ Motion To Compel Arbitration

Defendants moved to compel arbitration against all plaintiffs pursuant to the legal 

service agreement with Mr. Mouradian. Section 11 of the agreement contains the 

following arbitration provision: “The parties agree that if any dispute should arise 

between Client and Attorney regarding services performed or Client-Attorney 

relationship, including, but not limited to, alleged malpractice or other negligent acts or 

omissions, breach of fiduciary duty, fraud, or violation of statute or code or public policy, 

or any other form of alleged injury, then such dispute shall be resolved by final, binding 

arbitration in Los Angeles County, California before a retired judge, justice or neutral 

party affiliated with ADR Services in Los Angeles. If ADR Services in unwilling or 

unable for any reason to provide an arbitrator, then JAMS shall be substituted for ADR 

Services. Either side may make a written demand for arbitration. If the parties are 

unable to agree to an arbitrator within five days of the written demand for arbitration, 
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each side will name one arbitrator . . . within five days thereafter, and the two named 

persons will select, within five additional days, a third who will act as the sole arbitrator. 

If either side fails or refuses to name an arbitrator as set forth above, the arbitrator 

identified by the other side shall conduct the arbitration.” Defendants argued the 

arbitration provision in the legal services agreement may be enforced against the 

nonsignatory plaintiffs under the equitable estoppel doctrine. Defendants contended the 

nonsignatory plaintiffs’ claims arose out of the legal services agreement and were 

founded in and intertwined with the services provided under the agreement. 

In opposition, plaintiffs argued Mr. Mouradian signed the legal services agreement 

only with the corporate defendant, Law Offices of Michael V. Jehdian, APC, not with 

Mr. Jehdian. Plaintiffs contended defendants’ motion should be denied because 

arbitration might result in conflicting or inconsistent rulings. In addition, they argued 

equitable estoppel principles did not apply because the nonsignatory plaintiffs did not 

benefit from the legal services agreement. Plaintiffs asserted the nonsignatory plaintiffs’ 

sole claim was for legal malpractice based on negligence, for which a contract is not 

required or relied upon. The nonsignatory plaintiffs stated they did not assert any claims 

for contract or fiduciary duty breach that rely on the terms of the legal services 

agreement. 

C. Trial Court’s Ruling

On September 6, 2013, the trial court granted in part defendants’ motion to compel 

arbitration. Mr. Mouradian was ordered to arbitrate his claims with defendants. The 

nonsignatory plaintiffs’ legal malpractice claim was stayed until after the arbitration had 

concluded. The trial court ruled: “Pursuant to [Code of Civil Procedure] section 1281.2[, 

subdivision] (c), and the representations of plaintiffs in the opposition, this matter is 

stayed as to the sole cause of action asserted by the nonsignatory plaintiffs, Lucy 

Mouradian, Arous Mouradian and Albert Shamamian, the first cause of action for 

attorney malpractice, until an arbitration has been had according to this order.” 
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III. DISCUSSION

On April 3, 2014, we requested the parties brief whether defendants’ failure to 

provide a settled statement of the September 6, 2013 hearing warrants affirmance based 

on the inadequacy of the record. On June 27, 2014, defendants filed a supplemental brief 

in response to the order. Defendants argue this court has been provided with more than 

an adequate record because they included all relevant documents in their appellants’ 

appendix. They assert there was no court reporter at the September 6, 2013 hearing. But 

defendants fail to provide this court with an agreed upon or settled statement. 

Without a proper record, we cannot determine what happened at the September 6, 

2013 hearing. In numerous situations, courts have refused to reach the merits of an 

appellant’s claims where no reporter’s transcript of a pertinent proceeding or a suitable 

substitute has been provided. (Walker v. Superior Court (1991) 53 Cal.3d 257, 273-274 

[transfer order]; Maria P. v. Riles (1987) 43 Cal.3d 1281, 1295-1296 [attorney fee motion 

hearing]; Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575 (lead opn. of Grodin, J.) [new 

trial motion hearing]; In re Kathy P. (1979) 25 Cal.3d 91, 102 [hearing to determine

whether counsel was waived and minor consented to informal adjudication]; Boeken v. 

Philip Morris, Inc. (2005) 127 Cal.App.4th 1640, 1672 [transcript of judge’s ruling on an 

instruction request]; Vo v. Las Virgenes Municipal Water Dist. (2000) 79 Cal.App.4th 

440, 447 [attorney fee award affirmed where trial transcript not provided]; Estate of Fain 

(1999) 75 Cal.App.4th 973, 992 [surcharge hearing]; Hodges v. Mark (1996) 49 

Cal.App.4th 651, 657 [nonsuit motion where trial transcript not provided]; Interinsurance 

Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1448 [monetary sanctions hearing]; 

Null v. City of Los Angeles (1988) 206 Cal.App.3d 1528, 1532 [reporter’s transcript fails 

to reflect content of special instructions]; Buckhart v. San Francisco Residential Rent Etc.

Bd. (1988) 197 Cal.App.3d 1032, 1036 [hearing on Code Civ. Proc., § 1094.5 petition];

Sui v. Landi (1985) 163 Cal.App.3d 383, 385 [order denying preliminary injunction 

dissolution affirmed based on lack of reporter’s transcript]; Rossiter v. Benoit (1979) 88 

Cal.App.3d 706, 713-714 [demurrer hearing]; Calhoun v. Hildebrandt (1964) 230 
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Cal.App.2d 70, 71-73 [transcript of argument to the jury]; Ehman v. Moore (1963) 221 

Cal.App.2d 460, 462 [failure to secure reporter’s transcript or settled statement as to 

offers of proof]; Wetsel v. Garibaldi (1958) 159 Cal.App.2d 4, 10 [order confirming 

arbitration award].) We affirm the September 6, 2013 order based on defendants’ failure 

to provide an adequate record. 

IV. DISPOSITION

The order under review is affirmed. Plaintiffs, Lucy Mouradian, Arous Mouradian 

and Albert Shamamian, shall recover their costs, if any, incurred on appeal. 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P. J.

We concur:

KRIEGLER, J.

MINK, J.*

 

*Retired Judge of the Los Angeles Superior Court, assigned by the Chief Justice 

pursuant to article VI, section 6 of the California Constitution.