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RUIZ v. PODOLSKY

No. S175204.

50 Cal.4th 838 (2010)

114 Cal. Rptr. 3d 263

237 P.3d 584

ALEJANDRA RUIZ et al., Plaintiffs and Respondents, v. ANATOL PODOLSKY, Defendant and Appellant.

Supreme Court of California.

August 23, 2010.

Attorney(s) appearing for the Case

Cole Pedroza, Curtis A. Cole, Ashfaq G. Chowdhury; Schmid & Voiles, Susan Schmid and Denise H. Greer for Defendant and Appellant.

Hooper, Lundy & Bookman, Mark E. Reagan and Katherine R. Miller for California Association of Health Facilities as Amicus Curiae on behalf of Defendant and Appellant.

Tucker Ellis & West, E. Todd Chayet and Rebecca A. Lefler for California Medical Association, California Hospital Association and California Dental Association as Amici Curiae on behalf of Defendant and Appellant.

Marion's Inn, Kennedy P. Richardson, Yvonne M. Pierrou and Kathy Dong for Kaiser Foundation Health Plan, Inc., as Amicus Curiae on behalf of Defendant and Appellant.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Defendant and Appellant.

Center for Constitutional Litigation, John Vail; Cornelius P. Bahan, Inc., and Cornelius P. Bahan for Plaintiffs and Respondents.

OPINION

MORENO, J.—

For over 30 years, courts have been grappling with the following issue, appearing in various factual scenarios: when a person seeking medical care contracts with a health care provider to resolve all medical malpractice claims through arbitration, does that agreement apply to the resolution of wrongful death claims, when the claimants are not themselves signatory to the arbitration agreement? To resolve this issue...

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