Warren-Guthrie

Defendant Health Net appeals from the denial of its motion to compel arbitration of a coverage dispute between plaintiff Carlo A. Warren-Guthrie and Health Net. We conclude the trial court erred in denying Health Net’s motion to compel arbitration under Code of Civil Procedure section 1281.2, subdivision (c) because, under the circumstances of this case, section 1281.2(c) is preempted by the Federal Arbitration Act (FAA).

Furthermore, the choice of law provision in the Health Net plan expressly limits application of California law to the manner in which the arbitration is to be conducted and does not apply to the determination as to whether arbitration is required. We reverse with directions to grant Health Net’s motion to compel arbitration.

1. Factual and Procedural Background

In July 1997, plaintiff was allegedly bitten on her leg by a spider. Over the course of several years she received medical treatment for the serious wound. Plaintiff claims she did not receive timely appropriate treatment and coverage, and this resulted in her condition worsening. During the period of her treatment, plaintiff was insured under Health Net’s plan. Health Net refused to cover…