Plaintiff hired defendant, a family law specialist, to represent him in his marital dissolution. Defendant agreed to represent him and produced a written retainer agreement for his signature, which he signed and dated. A dispute later arose, and Plaintiff discharged Defendant. He filed a complaint for damages, alleging Defendant had committed professional negligence and a breach of her fiduciary duty to him. In response, Defendant petitioned to compel arbitration of these claims pursuant to Code of Civil Procedure section 1281; she also added her own claim for unpaid attorney fees and costs.
Plaintiffs, a minor through his guardian ad litem, and his mother were covered by Medi-Cal. Plaintiffs sought damages for medical malpractice, based on severe injuries claimed to have been suffered by Plaintiff at birth. The second cause of action alleges violation of the Consumer Legal Remedies Act (CLRA), based on allegations that Cigna deceptively and misleadingly advertised the quality of medical services which would be provided under its health care plan. Specifically, plaintiffs alleged that Plaintiff received substandard prenatal medical services, and that she was denied a medically necessary cesarean delivery.