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ZOLEZZI v. PACIFICARE OF CALIFORNIA

No. D039779.

129 Cal.Rptr.2d 526 (2003)

105 Cal.App.4th 573

Fidelia ZOLEZZI, an Incompetent Person, etc., Plaintiff and Respondent, v. PACIFICARE OF CALIFORNIA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Review Denied May 14, 2003.

Attorney(s) appearing for the Case

K & R Law Group and Edward A. Stumpp, Santa Ana, for Defendant and Appellant.

Shernoff, Bidart & Darras, Michael J. Bidart, Claremont, and Jeffrey I. Ehrlich for Plaintiff and Respondent.

Mcdonald, J.

PacifiCare of California, doing business as Secure Horizons (PacifiCare), appeals an order denying its petition to compel arbitration of the action filed against it by Fidelia Zolezzi, an incompetent person, by and through her guardian ad litem Daniel Zolezzi (Zolezzi). PacifiCare contends the trial court erred by concluding: (1) the federal Medicare Act (42 U.S.C. § 1395 et seq., hereafter the Act...

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