Kristensen LLP Defeats Kaiser’s Attempt to Compel Arbitration in Significant Case

By John Kristensen of Kristensen, LLP posted in Employment Law -- Employee on Friday, July 17, 2015.

On July 16, 2015, Orange County Superior Court Judge Peter Wilson denied Kaiser’s Motion to Compel Arbitration in a significant case where the plaintiff alleges he was sexually fondled at a Kaiser facility in 2014.   More about the case specifics can be found at Courthouse News Service.  A copy of the tentative ruling can be found here. Plaintiff argued that the alleged enrollment agreement was invalid under Cal. Health & Safety Code § 1363.1 and that any agreement to arbitrate, if it existed, ended when the coverage termination in 2006.  The Court agreed with Plaintiff that the confusing language and small font in the alleged arbitration clause was not prominently displayed or written in “clear and understandable language.” Kristensen will always fights purported arbitration agreements for our clients’ interests.