BURKS v. KAISER FOUNDATION HEALTH PLAN, INC.

No. C054374.

73 Cal.Rptr.3d 257 (2008)

160 Cal.App.4th 1021

Bernard BURKS, Plaintiff and Respondent, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Appellants.

Court of Appeal of California, Third District.

March 5, 2008.


Attorney(s) appearing for the Case

Wilke, Fleury, Hoffelt, Gould & Birney, Ronald R. Lamb, Sacramento; Marion's Inn, Kennedy P. Richardson, Yvonne M. Pierrou, Jordan Posamentier, Oakland, and Thomas M. Freeman for Defendants and Appellants.

Shernoff Bidart & Darras, Michael J. Bidart and Ricardo Echeverria, Claremont; The Ehrlich Law Firm, Jeffrey Isaac Ehrlich for Plaintiff and Respondent.


ROBIE, J.

When plaintiff Bernard Burks sued defendants (jointly Kaiser) for "the egregious treatment [he] received from KAISER while suffering from a renal failure and awaiting a kidney transplant," Kaiser petitioned to compel arbitration under the arbitration provision in the membership agreement between Burks and Kaiser. Burks opposed Kaiser's petition on the ground the arbitration provision was unenforceable because the disclosure of the provision in Kaiser's enrollment...

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