Robertson

Robertson v. Health Net of California, Inc.

Caution
132 Cal. App. 4th 1419·2005 Cal. App. LEXIS 1518·2005 Daily Journal DAR 11745·34 Cal. Rptr. 3d 547·2005 Cal. Daily Op. Serv. 8644
Court of Appeal of CaliforniaAugust 31, 2005A106879California4,089 words

Opinion

Opinion

Ruvolo, J.

I.

Introduction

Health Net of California, Inc. and Health Net, Inc. (collectively Health Net) appeal from an order denying their motion to compel arbitration of a complaint brought against them by Eva Robertson (Robertson), a Health Net plan subscriber. We conclude the trial court correctly denied the motion finding that Health Net failed to comply with Health and Safety Code section 1363.1, which requires arbitration clauses in health care plans to be “prominently displayed,” and to be placed “immediately before the signature line provided” for the subscriber’s signature on the enrollment form. (§ 1363.1, subds. (b) & (d).) Accordingly, we affirm the court’s order.

II.

Factual and Procedural Background

Health Net issued a health services agreement to the Bay Area Chamber of Commerce effective January 2003. This coverage was made available to members of various Bay Area chambers of commerce, including the Danville Chamber of Commerce, to which Robertson belonged. On November 1, 2003, Robertson enrolled in the plan. However, shortly after enrolling Robertson received a memorandum from the chamber indicating that her health plan was being cancelled.

In response to the…

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