Rosenfield v. Superior Court

Opinion

WOODS, P. J.

This proceeding in mandate presents the question whether the requirements of Code of Civil Procedure section 1295, subdivisions (a) and (b), 1 concerning waiver of the patient’s right to jury trial, are mandatory or advisory.

For the reasons discussed below, we conclude that the failure of a health care contract to contain the advisements specified in subdivisions (a) and (b) of section 1295 automatically renders unenforceable the arbitration provisions of such contract; section 1295 is mandatory and preempts the general provisions of section 1281.2 in the area of medical…