Anderson v. Kaiser Permanente CA2/3

Filed 1/12/15 Anderson v. Kaiser Permanente CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

ADRIANA ANDERSON, B252061

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC448028) v.

KAISER PERMANENTE MEDICAL GROUP et al.,

Defendants and Respondents.

APPEAL from judgment of the Superior Court of Los Angeles County, Barbara M. Scheper, Judge. Affirmed.

A. Marcus Hall & Associates and Alvin M. Hall for Plaintiffs and Appellants.

La Follette, Johnson, De Haas, Fesler & Ames, Brian W. Birnie and Jeffrey A. Rector for Defendants and Respondents.

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INTRODUCTION Plaintiff Adriana Anderson appeals the superior court’s entry of judgment confirming the arbitration award in favor of Defendants Kaiser Foundation Hospitals, Inc., and Daniel V. Vigil, M.D. Plaintiff argues that the arbitration award should have been vacated by the superior court under Code of Civil Procedure section1 1286.2, subdivision (a)(5) because her rights were substantially prejudiced by the arbitrator’s refusal to continue the arbitration hearing. We affirm the superior court’s confirmation of the arbitration award because Plaintiff waived her request for continuance when her counsel stipulated to proceed with arbitration without any live testimony. FACTS AND PROCEDURAL BACKGROUND Plaintiff Adriana Anderson’s father, Anthony Anderson, died from rectal cancer in 2009. Plaintiffs Adriana Anderson, Anthony Anderson, Jr., and Anthony Anderson’s estate filed a wrongful death and medical malpractice action against Defendants in Los Angeles Superior Court, alleging the negligent failure to diagnose Anthony Anderson’s rectal cancer in 2000. The court ordered the case into arbitration pursuant to the terms of the decedent’s health plan contract with Kaiser. The arbitration hearing was set for October 9, 2012. In the interim, the parties filed motions; several of the evidentiary motions were pending at the time the arbitration commenced in October. On October 5, 2012, Plaintiffs served an ex parte application for an order to continue the arbitration, which was scheduled to commence on October 9, 2012. Plaintiffs argued that due to their counsel’s medical condition, which adversely affected his cognitive status and performance, and Plaintiff Adriana Anderson’s absence from the country, they required a continuance of the arbitration until January 21, 2013. Specifically, counsel stated that he had recently changed medications to address his long- term hypertension and it had negatively impacted his ability to sleep. He also argued that because Plaintiff was studying abroad, the arbitration should be continued into January, after she was expected to return, even though Plaintiff’s deposition had already been