(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
The illegal provisions in this Agreement also affect its scope because they speak to the manner in which disputes will be resolved before the arbitration is called for and not after the arbitration has taken place. Therefore, this agreement is also distinguishable from the one provision severed in the Saika and Benyon cases.
Therefore, the illegal provisions in this Agreement should not be severed because to do so would allow Defendant Black (and other hospitals) to continue to insert illegal provisions in his arbitration agreements if he knows that the worst that can happen is that the illegal provisions will simply be severed. Armendariz, supra, 24 Cal. 4th at 124, fn.13. The interests of justice will not be served by allowing severance of the illegal provisions of this agreement.
REQUEST FOR ORDER EXTENDING TIME FOR RESPONSE
Under C.C.P. Section 1290.6, the time for filing a response to petition for arbitration is 10 days after service of the petition. The Court can order an extension of time to file a response upon good cause shown. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Unfortunately, when the petition was received by mail by counsel for Plaintiffs, the response was calendared under C.C.P. Section 1005 (a)(13)(b.). Accordingly, Plaintiffs calendared the response to be filed 9 court days prior to the November hearing date.
By the good cause shown in the Declaration of James J. O’Donnell, Plaintiffs request that the Court order an extension of time to file the present response under C.C.P. Section 1290.6.
Defendant Black’s arbitration agreement is unenforceable under C.C.P. Section 1295 because of all the reasons discussed above it is unconscionable by its terms. Accordingly, Plaintiffs respectfully request that this Court deny the petition to compel arbitration and deny Defendant Black’s request to be dismissed from this action.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.