[DOWNLOAD] "Witt v. Union Oil Co." by Second Appellate District, Division Five Court of Appeal of California # eBook PDF Kindle ePub Free

April 25, 2021

eBook details

Title: Witt v. Union Oil Co.
Author : Second Appellate District, Division Five Court of Appeal of California
Release Date : January 06, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

The question raised by this petition is whether a patient who has signed an admission agreement which complies with Code of Civil Procedure section 1295 (hereinafter section 1295) and which requires arbitration of all medical malpractice claims may resist arbitration on the ground that the agreement was not entered into knowingly and voluntarily. We conclude that the statute must be read to permit such a challenge in order to avoid constitutional defects. The trial court ordered arbitration without a clear determination of petitioners claim. Therefore, we will issue the writ to annul the trial court order and permit reconsideration.