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SMITH v. PACIFICARE BEHAVIORAL HEALTH OF CA

Nos. B142321, B145004.

113 Cal.Rptr.2d 140 (2001)

93 Cal.App.4th 139

Lisa Ellen SMITH, Plaintiff and Respondent, v. PACIFICARE BEHAVIORAL HEALTH OF CALIFORNIA, INC., et al., Defendants and Appellants. George Rivera, Petitioner, v. The Superior Court Of Los Angeles County, Respondent, Pacificare of California, Real Party in Interest.

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

Review Denied February 20, 2002.

Attorney(s) appearing for the Case

Konowiecki & Rank and Gary S. Pancer, Los Angeles; Greines, Martin, Stein & Richland and Timothy T. Coates, Beverly Hills, for PacifiCare Behavioral Health of California, Inc., PacifiCare of California, PacifiCare Health Systems Foundation and PacifiCare Health systems, Inc, Defendants and Appellants and PacifiCare of California, PacifiCare Health Systems Foundation and PacifiCare Health Systems, Inc.

Shernoff, Bidart & Darras, Michael J. Bidart, Claremont, and Jeffrey Isaac Ehrlich, Fort Lauderdale, FL, for Lisa Ellen Smith, Plaintiff and Respondent and George Rivera, Petitioner.

CROSKEY, J.

These consolidated proceedings involve the question whether a health care service plan may enforce an arbitration clause contained in the plan and in related subscriber agreements which does not comply with the statutory disclosure requirements applicable to such clauses. In case No. B145004, the petitioner, George Rivera, seeks a writ of mandate vacating a trial court order granting the motion of the real...

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