Imbler

Defendants and appellants PacifiCare of California, Inc., and PacifiCare Health Systems, Inc., appeal from a trial court’s order denying their petition to compel arbitration in a lawsuit filed by plaintiff and respondent Donald Imbler. We affirm the order.

Factual and Procedural History

On July 20, 2001, plaintiff filed a complaint for damages against defendants PacifiCare of California, Inc., and PacifiCare Health Systems, Inc. (collectively PacifiCare).

The complaint alleged as follows: Plaintiff had developed prostate cancer. Plaintiffs doctors recommended that he undergo proton beam therapy. Because plaintiffs employer was in the process of changing health plans and entering into a new contract with PacifiCare, plaintiff asked PacifiCare if it would cover the therapy. PacifiCare told plaintiff that the therapy would be covered. Plaintiff subsequently enrolled in the PacifiCare plan, but PacifiCare denied coverage for the therapy. Plaintiff complained to the California Department .of Managed Health Care (Department). When the Department submitted an inquiry to PacifiCare, PacifiCare advised the Department that it would cover the therapy. Thereafter, plaintiff…