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25CV04754·butte·Civil·Personal Injury/Medical Malpractice
CONTINUED

DONNA MCLAUGHLIN, BY AND THROUGH HER SUCCESSOR IN INTEREST HEIDI BLIDE ET AL V. ENLOE MEDICAL CENTER ET AL

Defendants Francisco Javier Alvarez, M.D. and Enloe Primary Physicians Medical Group, Inc., dba Chico Hospitalist Group’s Demurrer to Plaintiffs’ Complaint; Defendants Francisco Javier Alvarez, M.D. and Enloe Primary Physicians Medical Group, Inc., dba Chico Hospitalist Group’s Motion to Strike Punitive Damages and Attorneys’ Fees and Costs From Plaintiffs’ Complaint

Hearing date
Apr 15, 2026
Department
Judge
Prevailing
N/A
Next hearing
Apr 22, 2026

Motion type

DemurrerMotion to Strike

Parties

PlaintiffDonna McLaughlin
PlaintiffHeidi Blide
DefendantEnloe Medical Center
DefendantFrancisco Javier Alvarez

Ruling

Pursuant to Code of Civil Procedure §1281.6, “[i]f the arbitration agreement provides a method of appointing an arbitrator, that method should be followed.” Here, Claimant Alicia Chambers and Respondent Geico General Insurance Company contractually agreed that “matter(s) in dispute shall then be settled according to American Arbitration Association rules” [See, Declaration of Andria J. Jaramillo, filed with the Opposition on April 3, 2026; at Paragraph 3; Exhibit A at Page 21 of 27 – DISPUTES BETWEEN US AND AN INSURED]. The AAA Consumer Arbitration Rules R-15 expressly states that “AAA maintains a National Roster of Arbitrators (“National Roster”) and shall appoint arbitrators from this National Roster to resolve the parties’ dispute(s)” [See, Declaration of Andria J. Jaramillo, filed with the Opposition on April 3, 2026; at Paragraph 6; Exhibit B at Page 14 – R-15. Number and Appointment of Neutral Arbitrators]. The Court finds that because the arbitration agreement references application of the AAA Consumer Arbitration Rules, the entirety of those Rules apply, including the selection of an arbitrator. The arbitration agreement thus provides a method of appointing an arbitrator and that method should be followed. The Motion is denied.

10-11. 25CV04754 DONNA MCLAUGHLIN, BY AND THROUGH HER SUCCESSOR IN INTEREST HEIDI BLIDE ET AL V. ENLOE MEDICAL CENTER ET AL EVENTS: (1) Defendants Francisco Javier Alvarez, M.D. and Enloe Primary Physicians Medical Group, Inc., dba Chico Hospitalist Group’s Demurrer to Plaintiffs’ Complaint (2) Defendants Francisco Javier Alvarez, M.D. and Enloe Primary Physicians Medical Group, Inc., dba Chico Hospitalist Group’s Motion to Strike Punitive Damages and Attorneys’ Fees and Costs From Plaintiffs’ Complaint On the Court’s own motion this matter is continued to April 22, 2026 at 9:00 a.m.

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