Lockhart-Mummery v. Kaiser Foundation Hospitals

Opinion

MARSHALL, J. *

This appeal is from the order of November 1, 1978, dismissing the complaint and arbitration proceeding.

Facts

The complaint was filed by appellant in superior court on June 1, 1973. Respondent sought a stipulation to stay the action pending arbitration but appellant did not consent. Respondent then moved to stay the action and compel arbitration and, over the opposition of the appellant, the motion was granted by Commissioner Gorenfeld on September 19, 1973. At the time of the hearing, respondent advised appellant in writing that it had appointed its arbitrator and paid its…