Judge Lee W. Tsao, Case Number: 22NWCV01428, Date: 2023-08-03 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01428, Date: 2023-08-03 Tentative Ruling

Case Number: 22NWCV01428 Hearing Date: October 4, 2023 Dept: C

Baik v. Kaiser Foundation Hospital

CASE NO.: 22NWCV01428

HEARING: 10/4/23 @ 9:30 AM

Defendant’s motion to compel arbitration and stay proceedings is GRANTED.

Moving Party to give NOTICE.

Defendant Kaiser Foundation Hospitals’ (Defendant) moves to compel arbitration and stay the action.

Background

Plaintiffs Michelle Baik and Diego Kim (Plaintiffs) claim negligent infliction of emotional distress arising from the birth of Plaintiffs’ child at one of Defendant’s facilities.

Legal Standard

Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties’ dispute.¿(Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.) A party moving to compel arbitration has the burden of establishing the existence of a valid agreement to arbitrate and the party opposing the petition has the burden of proving, by a preponderance of the evidence, any fact necessary to its defense. (Banner Entertainment, Inc. v. Superior Court¿(1998) 62 Cal.App.4th 348, 356-357.)

Discussion

Defendant has satisfied its burden of proving the existence of an arbitration agreement because it has submitted the arbitration agreement between itself and the California Public Employees Retirement System (CalPERS), which was acting as Plaintiffs’ agent. CalPERS agreed to the contract through its authority pursuant to Government Code §§ 22774, 22790, and 22793. Therefore, Defendant has satisfied its burden of proving the existence of an arbitration agreement.

Plaintiff argues that Defendant did not comply with Health and Safety Code § 1363.1 (relating to disclosure of binding arbitration). However, Government Code § 22869 provides that the health plan information provided by CalPERS each year satisfies the requirements for notice. Thus, Plaintiff has failed to prove that Defendant did not comply with Health and Safety Code § 1363.1.

Stay Action

“If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, 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 an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.” (CCP § 1281.4.)

Defendant also moves to stay the action pending the resolution of arbitration. The action is stayed pursuant to CCP § 1281.4.

Accordingly, Defendant’s motion to compel arbitration and stay proceedings is GRANTED.