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Opposition Objections

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60 Cited authorities

  1. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,167 times
    Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

  2. Moncharsh v. Heily Blase

    3 Cal.4th 1 (Cal. 1992)   Cited 1,062 times   12 Legal Analyses
    Holding that "a party [who] is claiming the entire contract is illegal, or the arbitration agreement itself is illegal" must "raise the illegality question prior to participating in the arbitration process"

  3. Rosenthal v. Great W. Fin. Secs. Corp.

    14 Cal.4th 394 (Cal. 1996)   Cited 766 times   3 Legal Analyses
    Holding fraud in the inducement "occurs when the promisor knows what he is signing but his consent is induced by fraud"

  4. U.S. v. Underwriters Assn

    322 U.S. 533 (1944)   Cited 627 times   7 Legal Analyses
    Holding the antitrust laws applicable to the business of insurance

  5. Bertero v. National General Corp.

    13 Cal.3d 43 (Cal. 1974)   Cited 590 times   3 Legal Analyses
    Approving a jury instruction allowing the jury to find for the plaintiff in a malicious prosecution action even if only one of the three theories of liability pleaded in the underlying action lacked probable cause

  6. Cronus Invs., Inc. v. Concierge Servs.

    35 Cal.4th 376 (Cal. 2005)   Cited 195 times   1 Legal Analyses
    Holding that section 1281.2, subd. (c) "does not undermine or frustrate the FAA's substantive policy favoring arbitration" and, thus, is not preempted

  7. Horwich v. Superior Court

    21 Cal.4th 272 (Cal. 1999)   Cited 216 times   3 Legal Analyses
    Declining to resolve ambiguity in Proposition 213 by looking to "matters were not directly presented to the voters"

  8. Banner Entm't, Inc. v. Superior Court

    62 Cal.App.4th 348 (Cal. Ct. App. 1998)   Cited 196 times   2 Legal Analyses
    Concluding mandatory means of assenting established by two sentences: "'Until such time, if ever, as such more formal agreement i . . . concluded, this agreement when signed by the parties hereto will constitute a legal and binding obligation of the parties. Please acknowledge your approval of the foregoing terms by signing a copy of this letter in the space indicated below'"

  9. Ruiz v. Podolsky

    50 Cal.4th 838 (Cal. 2010)   Cited 103 times   2 Legal Analyses
    Holding that specific provision in state's medical malpractice Act required arbitration of wrongful death claims where the decedent had agreed to arbitrate any claim arising from medical provider's services.

  10. Malek v. Blue Cross of Cal.

    121 Cal.App.4th 44 (Cal. Ct. App. 2004)   Cited 116 times   2 Legal Analyses
    In Malek, the court noted that the objective of the statute was to ensure a knowing waiver of the right to a jury trial.

  11. Section 1395 - Prohibition against any Federal interference

    42 U.S.C. § 1395   Cited 2,264 times   29 Legal Analyses
    Addressing Medicare's reimbursement for diagnostic laboratory services for hospital outpatients

  12. Section 1011 - Declaration of policy

    15 U.S.C. § 1011   Cited 1,148 times   35 Legal Analyses
    Responding to South-Eastern Underwriters by codifying that the “business of insurance” is exempt from most Congressional action

  13. Section 1012 - Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948

    15 U.S.C. § 1012   Cited 1,019 times   29 Legal Analyses
    Establishing an exception to the reverse preemption rule where federal law "specifically relates to the business of insurance."

  14. Section 1295 - Form of provisions in medical services contract containing provisions for arbitration

    Cal. Code Civ. Proc. § 1295   Cited 159 times
    In section 1295, the Legislature used the term "medical malpractice" to include medical services which were negligently rendered and those which were "unnecessary or unauthorized" (the traditional grounds for a battery cause of action).

  15. Section 15610.27 - Elder

    Cal. Welf. and Inst. Code § 15610.27   Cited 143 times
    Defining "elder" as "any person residing in this state, 65 years of age or older"

  16. Section 1363.1 - Disclosure regarding binding arbitration

    Cal. Health & Saf. Code § 1363.1   Cited 43 times   2 Legal Analyses

    Any health care service plan that includes terms that require binding arbitration to settle disputes and that restrict, or provide for a waiver of, the right to a jury trial shall include, in clear and understandable language, a disclosure that meets all of the following conditions: (a) The disclosure shall clearly state whether the plan uses binding arbitration to settle disputes, including specifically whether the plan uses binding arbitration to settle claims of medical malpractice. (b) The disclosure

  17. Section 483.25 - Quality of care

    42 C.F.R. § 483.25   Cited 159 times   7 Legal Analyses
    Governing accidents

  18. Section 483.10 - Resident rights

    42 C.F.R. § 483.10   Cited 101 times   28 Legal Analyses
    Providing visitation for nursing home residents

  19. Section 483.75 - Quality assurance and performance improvement

    42 C.F.R. § 483.75   Cited 66 times   13 Legal Analyses
    Governing facility administration

  20. Section 483.20 - Resident assessment

    42 C.F.R. § 483.20   Cited 58 times   20 Legal Analyses

    The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity. (a)Admission orders. At the time each resident is admitted, the facility must have physician orders for the resident's immediate care. (b)Comprehensive assessments - (1)Resident assessment instrument. A facility must make a comprehensive assessment of a resident's needs, strengths, goals, life history and preferences, using the resident assessment

  21. Section 72527 - Patients' Rights

    Cal. Code Regs. tit. 22 § 72527   Cited 31 times

    (a) Patients have the rights enumerated in this section and the facility shall ensure that these rights are not violated. The facility shall establish and implement written policies and procedures which include these rights and shall make a copy of these policies available to the patient and to any representative of the patient. The policies shall be accessible to the public upon request. Patients shall have the right: (1) To be fully informed, as evidenced by the patient's written acknowledgement

  22. Section 72315 - Nursing Service-Patient Care

    Cal. Code Regs. tit. 22 § 72315   Cited 4 times

    (a) No patient shall be admitted or accepted for care by a skilled nursing facility except on the order of a physician. (b) Each patient shall be treated as individual with dignity and respect and shall not be subjected to verbal or physical abuse of any kind. (c) Each patient, upon admission, shall be given orientation to the skilled nursing facility and the facility's services and staff. (d) Each patient shall be provided care which shows evidence of good personal hygiene, including care of the

  23. Section 72329 - Nursing Service - Staff

    Cal. Code Regs. tit. 22 § 72329   Cited 3 times

    (a) Nursing service personnel shall be employed and on duty in at least the number and with the qualifications determined by the Department to provide the necessary nursing services for patients admitted for care. The Department may require a facility to provide additional staff as set forth in Section 72501(g). (b) Facilities licensed for 59 or fewer beds shall have at least one registered nurse or a licensed vocational nurse, awake and on duty, in the facility at all times, day and night. (c) Facilities

  24. Section 72547 - Content of Health Records

    Cal. Code Regs. tit. 22 § 72547   Cited 3 times   2 Legal Analyses

    (a) A facility shall maintain for each patient a health record which shall include: (1) Admission record. (2) Current report of physical examination, and evidence of tuberculosis screening. (3) Current diagnoses. (4) The orders of a licensed health care practitioner acting within the scope of his or her professional licensure, including drugs, treatment and diet orders, progress notes, signed and dated on each visit. The orders of a licensed health care practitioner acting within the scope of his

  25. Section 72311 - Nursing Service-General

    Cal. Code Regs. tit. 22 § 72311   Cited 3 times

    (a) Nursing service shall include, but not be limited to, the following: (1) Planning of patient care, which shall include at least the following: (A) Identification of care needs based upon an initial written and continuing assessment of the patient's needs with input, as necessary, from health professionals involved in the care of the patient. Initial assessments shall commence at the time of admission of the patient and be completed within seven days after admission. (B) Development of an individual

  26. Section 72517 - Staff Development

    Cal. Code Regs. tit. 22 § 72517   Cited 2 times

    (a) Each facility shall have an ongoing educational program planned and conducted for the development and improvement of necessary skills and knowledge for all facility personnel. Each program shall include, but not be limited to: (1) Problems and needs of the aged, chronically ill, acutely ill and disabled patients. (2) Prevention and control of infections. (3) Interpersonal relationship and communication skills. (4) Fire prevention and safety. (5) Accident prevention and safety measures. (6) Confidentiality