This case was last updated from Los Angeles County Superior Courts on 09/29/2020 at 11:16:39 (UTC).

BARBARA A JOHNSON VS KAISER FOUNDATION HOSPITAL, A BUSINESS FORM UNKNOWN

Case Summary

On 09/09/2019 BARBARA A JOHNSON filed a Personal Injury - Other Personal Injury lawsuit against KAISER FOUNDATION HOSPITAL, A BUSINESS FORM UNKNOWN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is DANIEL M. CROWLEY. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2186

  • Filing Date:

    09/09/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DANIEL M. CROWLEY

 

Party Details

Plaintiff

JOHNSON BARBARA A

Defendant

KAISER FOUNDATION HOSPITAL A BUSINESS FORM UNKNOWN

Attorney/Law Firm Details

Plaintiff Attorney

GREEN WILLIAM WARREN

Defendant Attorneys

MEADOWS BRIAN M.

LEVINSON MATTHEW SAMUEL

 

Court Documents

Request for Dismissal

9/14/2020: Request for Dismissal

Notice - NOTICE OF ENTRY OF ORDER

7/29/2020: Notice - NOTICE OF ENTRY OF ORDER

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL ARBITRATION)

7/28/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL ARBITRATION)

Notice - NOTICE OF RESCHEDULING OF HEARING RE PETITION TO COMPEL ARBITRATION

6/2/2020: Notice - NOTICE OF RESCHEDULING OF HEARING RE PETITION TO COMPEL ARBITRATION

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/02/2020

6/2/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/02/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/21/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING

4/21/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING

Minute Order - MINUTE ORDER (COURT ORDER)

3/20/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER)]

3/20/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER)]

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/20/2020

3/20/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/20/2020

Association of Attorney

3/10/2020: Association of Attorney

Motion to Compel Arbitration

3/10/2020: Motion to Compel Arbitration

Answer

11/13/2019: Answer

Proof of Personal Service

10/25/2019: Proof of Personal Service

Complaint

9/9/2019: Complaint

Civil Case Cover Sheet

9/9/2019: Civil Case Cover Sheet

Civil Case Cover Sheet

9/9/2019: Civil Case Cover Sheet

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

9/17/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

12 More Documents Available

 

Docket Entries

  • 09/14/2020
  • DocketRequest for Dismissal; Filed by KAISER FOUNDATION HOSPITAL, a Business Form Unknown (Defendant)

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  • 08/18/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel Arbitration - Not Held - Advanced and Continued - by Court

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  • 07/29/2020
  • DocketNotice (of Entry of Order); Filed by KAISER FOUNDATION HOSPITAL, a Business Form Unknown (Defendant)

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  • 07/28/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel Arbitration - Not Held - Advanced and Vacated

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  • 07/28/2020
  • DocketMinute Order ( (Hearing on Motion to Compel Arbitration)); Filed by Clerk

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  • 06/02/2020
  • Docketat 10:48 AM in Department 28, Daniel M. Crowley, Presiding; Court Order

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  • 06/02/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 06/02/2020
  • DocketNotice (Of Rescheduling of Hearing Re Petition to Compel Arbitration); Filed by KAISER FOUNDATION HOSPITAL, a Business Form Unknown (Defendant)

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  • 06/02/2020
  • DocketCertificate of Mailing for ((Court Order) of 06/02/2020); Filed by Clerk

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  • 05/26/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel Arbitration - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
11 More Docket Entries
  • 03/10/2020
  • DocketAssociation of Attorney; Filed by KAISER FOUNDATION HOSPITAL, a Business Form Unknown (Defendant)

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  • 11/13/2019
  • DocketAnswer; Filed by KAISER FOUNDATION HOSPITAL, a Business Form Unknown (Defendant)

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  • 10/25/2019
  • DocketProof of Personal Service; Filed by BARBARA A JOHNSON (Plaintiff)

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  • 09/17/2019
  • DocketPI General Order; Filed by Clerk

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  • 09/17/2019
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

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  • 09/09/2019
  • DocketComplaint; Filed by BARBARA A JOHNSON (Plaintiff)

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  • 09/09/2019
  • DocketSummons (on Complaint); Filed by BARBARA A JOHNSON (Plaintiff)

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  • 09/09/2019
  • DocketCivil Case Cover Sheet; Filed by BARBARA A JOHNSON (Plaintiff)

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  • 09/09/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 09/09/2019
  • DocketCivil Case Cover Sheet; Filed by BARBARA A JOHNSON (Plaintiff)

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Tentative Rulings

Case Number: 19STCV32186    Hearing Date: July 28, 2020    Dept: 28

Motion to Compel Arbitration

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On September 9, 2019, Plaintiff Barbara A. Johnson (“Plaintiff”) filed a complaint against Defendant Kaiser Foundation Hospitals (erroneously sued as Kaiser Foundation Hospital) (“Defendant”).  Plaintiff alleges premises liability and negligence in the complaint for a bathroom stall door that fell on Plaintiff on March 29, 2018.

On March 10, 2020, Defendant filed a motion to compel arbitration pursuant to California Code of Civil Procedure section 1281.2.

On March 20, 2020, the Court continued the hearing on the motion to compel arbitration to May 26, 2020.

On April 21, 2020, the Court continued the hearing on the motion to compel arbitration to August 18, 2020.

On June 2, 2020, the Court advanced the hearing on the motion to compel arbitration to July 28, 2020.

Trial is set for March 8, 2021.

PARTYS REQUESTS

Defendant asks the Court to compel Plaintiff to engage in arbitration and stay the proceedings until arbitration has been completed.

LEGAL STANDARD

California Code of Civil Procedure section 1281.2, permits a party to file a petition to request that the Court order the parties to arbitrate a controversy.  Under section 1281.2, a party is permitted to file a motion to request an order directing the parties to arbitrate a controversy.  Section 1281.2 also states that the Court may grant the motion if the Court determines that an agreement to arbitrate the controversy exists.

When a motion to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable.  (Rosenthal v. Great Western Financial Sec. Corp. (1996) 14 Cal.4th 394, 413.)  The moving party bears the burden of proving its existence by a preponderance of the evidence because the existence of the agreement is a statutory prerequisite to granting the petition.  (Ibid.)

A party opposing a motion to compel arbitration based on a defense to enforcement bears the burden establishing the defense by producing evidence and proving the defense by a preponderance of the evidence.  (Ibid.)  The facts are to be proven by affidavit or declaration and documentary evidence, with oral testimony taken only in the court’s discretion.  (Id. at pp. 413-414.)  The trial court’s role is to resolve these factual issues, not merely to determine whether evidence opposing the petition has sufficient substantiality.  (Id. at p. 414.)

Since binding arbitration is a matter of contract, the parties may freely delineate the area of its application, and a proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract.  (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479; Morris v. Zuckerman (1967) 257 Cal.App.2d 91, 96.) (Bos Material Handling, Inc. v. Crown Controls Corp. (1982) 137 Cal.App.3d 99, 105; O’Malley v. Wilshire Oil Co. (1963) 59 Cal.2d 482, 490-491.) (Victoria v. Superior Court (1985) 40 Cal.3d 734, 744.)

There is a strong policy in favor of enforcing agreements to arbitrate, but there is no policy compelling persons to accept arbitration of controversies which they have not agreed to arbitrate.  (State Farm Mut. Auto. Ins. Co. v. Superior Court (1994) 23 Cal.App.4th 1297, 1301-1302.)

DISCUSSION

Plaintiff was enrolled as a Kaiser Permanente Senior Advantage Individual Plan member on the date when Plaintiff was allegedly injured from Defendant’s bathrooms stall door.  (Garcia Decl., ¶ 2, Exh. A; Duda Decl., ¶¶ 3-4, Exh. B-C.) Exh. D.)  Plaintiff never submitted an Opt-Out Notice to the Office of the Independent Administrator as required by the Opt-Out Notice.  (Ibid.)

The Opt-Out Notice states, in relevant part, “. . . you will be required to participate in the [Kaiser Permanente Senior Advantage] arbitration program . . . unless you opt out of the . . . program by mailing the Arbitration Opt-Out Notice below . . . .  (McWilliams Decl., ¶ 3, Exh. D.)  The Opt-Out Notice also states, in relevant part, “[i]f you do not opt out of the . . . program, binding arbitration will apply to any dispute between (a) you . . . and (b) Kaiser Foundation Health Plan, Inc. and its associated health care providers and their agents and employees, concerning any alleged violation of duty related to your . . . membership, including any claim for . . . premises liability . . . .”

The Court finds Plaintiff’s participation in arbitration is properly compelled.  The evidence shows Plaintiff agreed to arbitrate Plaintiff’s action arising from Defendant’s failure to provide a safe premises.

CONCLUSION

The motion is GRANTED.

The Court orders the Plaintiff must arbitrate her claims alleged in the complaint against Defendant.

The Court vacates all future dates.

The Court schedules an OSC Re: Lifting of Stay on March 10, 2020 at 8:30 a.m. in Department 28 at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

Defendant is ordered to give notice of this ruling.

The parties are directed to the header of this tentative ruling for further instructions.

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