Health And Safety Code Section 1363.1 Is The Relevant Provision. Section 1361.1 provides that "[a]ny health care service plan that includes terms that require binding arbitration to settle disputes and that restrict, or provide for a waiver of, the right to a jury trial shall include, in clear and understandable language, a disclosure that […]
Authentication Of Electronic Signatures Continues To Trip Up Employers. The trial court denied the employer's motion to compel arbitration, because the employee Bannister "presented evidence that she never saw the [arbitration] agreement during the onboarding process and did not affix her electronic signature to it," and the Court of Appeal affirmed. Maureen Bannister v. […]
Because Enrollment Process Was Handled By CalPERS, Statutory Requirements That Notice Of Arbitration Be Conspicuous in a Health Plan Did Not Apply. Edward William Kuntz's wife, children, and estate sued Kaiser for Elder Abuse and other claims, and Kaiser move successfully to compel arbitration of the Elder Abuse claim and stay the other claims. […]