Comprehensive Health Assn. v. Barton CA4/3

FACTS AND PROCEDURAL HISTORY

CHA is a California nonprofit unincorporated mutual benefit association, begun in 2000. The declaration of the president in opposition to the anti-SLAPP motion states it is designed to allow health care providers and their patients to “transact business among themselves in complete privacy and for patients to . . . help decide on their own course of treatment.” Dr. Richard Hansen and Andy Yoon, both dentists (collectively dentists), are “provider members” of CHA. Shay Barton (Shay), Trisha‟s daughter, consulted dentists in 2009. Before she could be treated she was required to join CHA. In April she signed a CHA application form that included a membership certificate. The document stated Shay had been told of CHA‟s bylaws, which were available online. It described

2 the bylaws as a contract between Shay and CHA and stated the bylaws included “administrative remedies and [a]rbitration” provisions for dispute resolution and required her to arbitrate malpractice claims. It further explained Shay was giving up her constitutional right to a jury trial. At some point Shay and Trisha became dissatisfied with dentists‟ work and consulted another dentist. Shay…