Anderson

INTRODUCTION

Plaintiff Adriana Anderson appeals the superior court’s entry of judgment confirming the arbitration award in favor of Defendants Kaiser Foundation Hospitals, Inc., and Daniel V. Vigil, M.D. Plaintiff argues that the arbitration award should have been vacated by the superior court under Code of Civil Procedure section1 1286.2, subdivision (a)(5) because her rights were substantially prejudiced by the arbitrator’s refusal to continue the arbitration hearing. We affirm the superior court’s confirmation of the arbitration award because Plaintiff waived her request for continuance when her counsel stipulated to proceed with arbitration without any live testimony.

FACTS AND PROCEDURAL BACKGROUND

Plaintiff Adriana Anderson’s father, Anthony Anderson, died from rectal cancer in 2009. Plaintiffs Adriana Anderson, Anthony Anderson, Jr., and Anthony Anderson’s estate filed a wrongful death and medical malpractice action against Defendants in Los Angeles Superior Court, alleging the negligent failure to diagnose Anthony Anderson’s rectal cancer in 2000. The court ordered the case into arbitration pursuant to the terms of the decedent’s health plan contract with Kaiser. The…