NIDA ENGALLA et al., Plaintiffs and Respondents,
v.
PERMANENTE MEDICAL GROUP, INC., et al., Defendants and Appellants. PERMANENTE MEDICAL GROUP, INC., et al., Petitioners,
v.
THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; NIDA ENGALLA et al., Real Parties in Interest. WILLIS F. McCOMAS et al., Petitioners,
v.
THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; NIDA ENGALLA et al., Real Parties in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
June 30, 1997.
June 30, 1997.
Attorney(s) appearing for the Case
COUNSEL
Marion's Inn, Kennedy P. Richardson, Mark Palley, Archer, McComas & Lageson, Archer, McComas, Breslin, McMahon & Chritton and Willis F. McComas, in pro. per., and for Defendants and Appellants and for Petitioners.
Paul N. Halvonik, Fred J. Hiestand, Jackson, Tufts, Cole & Black, Gerald Z. Marer, Kenneth J. Philpot, Thelen, Marin, Johnson & Bridges, Curtis A. Cole, Michele Logan-Stern, Hammond, Zuetel & Cahill, Kenneth R. Zuetel, Jr., and Victoria K. Torigian as Amici Curiae on behalf of Defendants and Appellants and Petitioners.
No appearance for Respondent Superior Court.
David S. Rand, Carroll, Burdick & McDonough, Donald T. Ramsey and Rosemary Springer for Plaintiffs and Respondents and for Real Parties in Interest.
David E. Feller, Robert C. Post, Gail K. Hillebrand, Stefan M. Rosenzweig, David Link, Amy Bach, Anderson, Kill, Olick & Oshinsky, Eugene R. Anderson, Bennett Ellenbogen, Deborah M. Mongan, The Sturdevant Law Firm, James C. Sturdevant, Ann Saponara, McGuinn, Hillsman & Palefsky, Cliff Palefsky and Keith Ehrman as Amici Curiae on behalf of Plaintiffs and Respondents and Real Parties in Interest.
Supreme Court of California.
OPINION
MOSK, J.
In this case we consider the circumstances under which a court may deny a petition to compel arbitration because of the petitioner's fraud in inducing the arbitration agreement or waiver of the arbitration agreement. Plaintiffs are family members and representatives of the estate of Wilfredo Engalla (hereafter sometimes the Engallas). Engalla was enrolled, through his place...
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