County of Contra Costa v. Kaiser Foundation Health Plan, Inc.

In this case, we hold that an agreement to arbitrate between a plaintiff-patient and a defendant-health care provider does not bind a cross-complainant who was not a party to the agreement and who now seeks equitable indemnity from the health care provider.

I. Facts

The facts on appeal are undisputed. On November 16, 1993, pedestrian Darlene Bonanno crossed the Contra Costa County intersection of Pacheco *240 Boulevard and De Normandie Way in order to reach a bus stop maintained by Central Contra Costa County Transit Authority. Bonanno—who was mentally retarded—was injured when struck by a motor vehicle that had been, in turn, struck by Jeremy Joseph McLain’s vehicle. She was later treated at Kaiser hospital in Martinez.

In February 1994, Bonanno filed a complaint by and through her guardian ad litem, Robert Bonanno. She sued, inter alia, respondents Contra Costa County, the transit authority and McLain, and appellants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals and the Permanente Medical Group, Inc. 1 She alleged causes of action for negligence against McLain, maintaining a dangerous condition of public property against the county and its transit…