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PAGARIGAN v. SUPERIOR COURT

No. B159156.

126 Cal.Rptr.2d 124 (2002)

102 Cal.App.4th 1121

Teri PAGARIGAN et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Aetna U.S. Healthcare of California, Inc. et al., Real Parties in Interest.

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

October 15, 2002.

Attorney(s) appearing for the Case

Carol S. Jimenez, Long Beach; Houck & Balisok, Russell S. Balisok, Steven C. Wilheim, Glendale, and Patricia L. Canner for Petitioners.

No appearance for Respondent.

Gibson, Dunn & Crutcher, Kirk A. Patrick, Antoinette D. Paglia, Los Angeles, and Louis E. Shoch III for Real Parties in Interest.

WOODS, J.

SUMMARY

This writ petition presents the question whether a Medicare health care service plan may enforce a plan arbitration provision although that provision does not comply with statutory disclosure requirements applicable to all health care service plan arbitration agreements under California law. The petitioner seeks a writ of mandate vacating the trial court's order granting the Medicare plan's petition to compel arbitration. Because...

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