Judge: Kenneth J. Medel, Case: 37-2023-00031704-CU-MM-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2023-00031704-CU-MM-CTL DONAHUE VS KAISER FOUNDATION HOSPITALS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

KAISER FOUNDATION HOSPITALS, SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, and ASHUMAN SINGH, M.D.'s MOTION TO COMPEL ARBITRATION IS GRANTED.

Kaiser's Petition establishes an agreement requiring binding arbitration of Plaintiff Melissa Donahue's medical malpractice/battery claim.

Plaintiff was enrolled as a Kaiser member through a Group Agreement and Evidence of Coverage between Kaiser and the United Domestic Workers of America - San Diego at the time of plaintiff's injuries. (Petition, Ex. A) Plaintiff had been enrolled under the United Workers Agreement/EOC since October 1, 2009. (Ex. B; Decl. of Kern Carson, ¶ 5) Plaintiff submitted a California Region Group Enrollment/Change Form to Kaiser on September 9, 2008 (Ex. C) Plaintiff's signature appears on the enrollment form immediately after a prominently-displayed arbitration disclosure with the heading 'Kaiser Foundation Health Plan Arbitration Agreement' and disclosure text that complies with Health & Safety Code § 1363.1.

Health & Safety Code § 1363.1(b) provides that '[t]he disclosure shall appear as a separate article in the agreement issued to the employer group or individual subscriber and shall be prominently displayed on the enrollment form signed by each subscriber or enrollee. The enrollment form here has a prominently-displayed disclosure, and Ms. Donahue signed it.

Plaintiff's medical malpractice/battery claim falls directly within the scope of the arbitration agreement, which covers 'any claim for medical or hospital malpractice' including a claim that 'medical services were unnecessary or unauthorized.' Because the Petition establishes all of the requirements to compel binding arbitration, this case is compelled to arbitration and stayed pending completion of the arbitration proceeding.

Plaintiff argues in opposition that '[t]he arbitration disclosure must be signed by the person enrolling in the health plan in order for the Arbitration Agreement to be enforceable.' Plaintiff points to the Evidence of Coverage, and argues that neither she nor the group signed that document. However, Exhibit C to the Petition is the arbitration disclosure signed by Ms. Donahue, on September 9, 2008. Plaintiff's (the enrollee's) signature is only required on the enrollment form, not the Evidence of Coverage. (See Health & Saf. Code § 1363.1(b).) As to the employer group, it accepted the Evidence of Coverage by payment of annual dues, as provided for in the Group Agreement (Petition, Ex. A, p. 16 ['Acceptance of Agreement .... Group will be deemed as having accepted this Agreement if Group pays Health Plan any amount towards Premiums']; Decl. of Kern Carson, ¶ 3 ['Health Plan's records of billings and payments reflect that the United Workers accepted the Agreement/EOC by paying applicable dues to Kaiser for its enrollees, including Melissa Donahue'].) Plaintiff offers no evidence that the agreement was intended to be binding only if all parties signed it. Health & Safety Code § 1363.1 does not require that the Group Agreement be signed by the group contract holder to be valid, in contrast to the signature requirement for the individual Calendar No.: Event ID:  TENTATIVE RULINGS

3051197  39 CASE NUMBER: CASE TITLE:  DONAHUE VS KAISER FOUNDATION HOSPITALS [IMAGED]  37-2023-00031704-CU-MM-CTL enrolling in the plan. Section 1363.1, subd. (b) requires that '[t]he disclosure shall appear as a separate article in the agreement issued to the employer group or individual subscriber and shall be prominently displayed on the enrollment form signed by each subscriber or enrollee.' The plain language of subdivision (b) only requires a signature by the enrollee, which Ms. Donahue did here.

Calendar No.: Event ID:  TENTATIVE RULINGS

3051197  39