VICTORIA v. SUPERIOR COURT

Docket No. L.A. 32081.

40 Cal.3d 734 (1985)

710 P.2d 833

222 Cal. Rptr. 1

IMELDA VICTORIA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; KAISER FOUNDATION HOSPITALS et al., Real Parties in Interest.

Supreme Court of California.

December 30, 1985.


Attorney(s) appearing for the Case

COUNSEL

Gantz & Forer, Frank Munoz, Emmett J. Gantz and Steven B. Stevens for Petitioner.

No appearance for Respondent.

Thelen, Marrin, Johnson & Bridges, Curtis A. Cole and Mary A. Barnett for Real Parties in Interest.


OPINION

BIRD, C.J.

Does the arbitration provision in a health service agreement, which covers any claim "arising from rendition or failure to render services," apply to a claim against the health care provider for negligent employment of an orderly accused of sexually assaulting a patient?

I.

Petitioner, Imelda Victoria, was admitted to a hospital owned by real party in interest, Kaiser Foundation Hospitals (hereafter...

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