GRAY v. CHIU

No. B238304.

212 Cal.App.4th 1355 (2013)

151 Cal. Rptr. 3d 791

DEBORAH GRAY, Plaintiff and Appellant, v. JOHN CHIH CHIU et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

January 22, 2013.


Attorney(s) appearing for the Case

Eugene D. Locken for Plaintiff and Appellant.

Prindle, Amaro, Goetz, Hillyard, Barnes & Reinholtz, David M. Hillings and Jack R. Reinholtz for Defendant and Respondent California Minimally Invasive Surgical Center.

Peterson Bradford Burkwitz and George E. Peterson for Defendants and Respondents John C. Chiu, M.D., California Back Specialist Medical Group, and Thousand Oaks Spine Medical Group.


OPINION

PERREN, J.

The parties to a medical malpractice arbitration agree upon a neutral arbitrator. Subsequent to commencing arbitration proceedings but prior to the hearing, counsel for the defendant doctor affiliates with the firm providing the arbitrator. Neither counsel nor the arbitrator discloses that relationship. Here we conclude that the California Arbitration Act (the Act) (Code Civ. Proc., § 1280 et seq.),

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