Rodriguez

Health and Safety Code section 1363.1 governs required disclosures in health care service plans when binding arbitration is included as a contract term. The purpose of section 1363.1 “is to protect health care consumers from the consequences of unknowingly waiving their right to a jury trial.” (Malek v. Blue Cross of California (2004) 121 Cal.App.4th 44, 71 [ 16 Cal.Rptr.3d 687 ] (Malek).) The trial court denied Blue Cross of California and BC Life & Health Insurance Company’s petition to compel arbitration, finding that the disclosure in the individual enrollment application signed by plaintiff and respondent, Raudel Rodriguez, failed to comply with the requirements of section 1363.1. We affirm the order denying the petition to compel arbitration.

FACTUAL AND PROCEDURAL BACKGROUND

1. Parties and Their Agreement

Plaintiff and respondent is Raudel Rodriguez, a Spanish speaker, who purchased Blue Cross health insurance. Defendants and appellants are Blue Cross of California and BC Life & Health Insurance Company (collectively, Blue Cross).

Blue Cross’s individual enrollment application signed by Rodriguez contains the following provision, which is the last provision in…