Eckstein v. Kaiser Foundation Health Plan
Appellants Bushra and David Eckstein appeal from a judgment of the Contra Costa County Superior Court against them and in favor of respondents Kaiser Foundation Health Plan, Inc., The Permanente Medical Group, Inc., and Kaiser Foundation Hospitals (collectively Kaiser). The judgment confirmed an arbitrators award against the Ecksteins and in favor of Kaiser. On appeal, the Ecksteins contend the trial court improperly denied their petition to vacate the arbitrators award because the arbitrators membership in Kaiser Foundation Health Plan (Kaiser Health) was disqualifying information and a required disclosure under Code of Civil Procedure section 1281.9, and the arbitrators failure to disclose such membership is a ground for vacating the award ( 1286.2, subd. (a)(6)(A)). The Ecksteins argue further that Kaisers failure to disclose the membership resulted in an arbitral award procured by fraud and undue means ( 1286.2, subd. (a)(1) & (3)). Additionally, the Ecksteins contend the judgment should be reversed because the trial court improperly failed to issue a statement of decision. Court affirm the judgment.
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