Tentative Ruling on Defense Motion to Compel Plaintiff's Deposition

Crawford v. Kaiser, Case No. 2019-02024

Jan. 8, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is a medical negligence case arising from defendants' 2018 treatment of plaintiff for Acute Retinal Necrosis. Plaintiff alleges a misdiagnosis resulting in loss of vision in her right eye. ROA 1, paragraph 11. The complaint was filed January 11, 2019. Defendants answered in March, and about a month later filed a motion to compel arbitration. ROA 9, 11-13, 15. By agreement, the hearing on this motion was continued from June to August 2019. ROA 16, 19.

Plaintiff filed opposition in which she denied ever signing an arbitration agreement, and noted that that Kaiser had failed to produce evidence of a signed arbitration agreement. ROA 25-27. Defendants filed reply. ROA 30. The court reviewed the papers, and following a hearing on August 9, 2019, denied the motion in a detailed ruling. ROA 44. The court als