MARK and KIMBERLY ZEMBSCH v. SUPERIOR COURT OF ALAMEDA COUNTY

Filed 1/11/07

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

CERTIFIED FOR PARTIAL PUBLICATION^*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

BY THE COURT:

            The opinion filed December 27, 2006 is modified by deleting footnote 4 on page 8 and substituting in its place the following footnote 4:  After granting writ review, we discovered that another case recently decided in an unpublished opinion by this division also raised the issue of the adequacy of a Health Net arbitration disclosure.  In contrast to the trial court's ruling in Zembsch, in the unpublished case the superior court denied Health Net's petition to compel arbitration, holding that a very similar arbitration disclosure failed to meet the requirements of section  1363.1.  The existence of conflicting trial court rulings on this issue further strengthens our grant of writ review.  (See, e.g., Corbett v. Superior Court (2002) 101 Cal.App.4th 649, 657.)

            The modification does not affect the judgment.

Date_____________________                         __________________________P.J.

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^*           Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of part II.