Groom

Introduction

Plaintiff and respondent Sarah Groom (Groom) sued defendants and appellants Health Net and Health Systems International, Inc. (collectively Health Net) and others not party to this appeal. Groom, a subscriber to a health plan administered by Health Net, a duly organized health maintenance organization (HMO), alleges that as a result of Health Net’s refusal or failure to timely provide a neurological examination, a prescription drug, and an MR angiogram and cardiac workup, Groom suffered a disabling stroke.

After demurring to Groom’s original, first amended, second amended, and third amended complaints, Health Net moved to compel arbitration of the dispute pursuant to the arbitration clause contained in the health plan. (Code Civ. Proc., § 1281.2.) The trial court denied Health Net’s petition to compel arbitration, concluding that Health Net waived its right to compel arbitration when it “entered the litigation arena” by demurring and waited for almost one year before “seek[ing] to remove this suit to arbitration.” Health Net appeals from the order denying the petition to compel arbitration. (Code Civ. Proc., § 1294, subd. (a).)

We reverse on the ground…