147 Cal. App. 4th 1055 - Bono v. David’s Empirical Analysis

Citation profile

23 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The agreement between Blue Cross and Physicians contains a general arbitration clause that provides in part: “BLUE CROSS and PHYSICIAN agree to meet and confer in good faith to resolve any problems or disputes that may arise under this Agreement. In the event that any problem or dispute concerning the terms of this Agreement, other than a Utilization Review decision as provided for in Article VII, is not satisfactorily resolved, BLUE CROSS and PHYSICIAN agree to arbitrate such problem or dispute.” The first sentence of the clause requires the parties to confer in good faith to resolve disputes that arise under the agreement. The next sentence apparently limits arbitration to those disputes concerning the terms of the agreement. Blue Cross argues the cases establish that a broadly worded arbitration clause applies to any controversy that has its “ ‘roots’ ” in the contractual relationship. It relies on the general arbitration clause that requires arbitration of disputes concerning the terms of the agreement. Even assuming this clause can reasonably be read to encompass disputes having “roots” in the contract relationship, or arising out of that relationship, Blue Cross does not prevail. Here the contract between Blue Cross and Physicians is to provide medical care for Blue Cross beneficiaries. The question is whether the seemingly innocuous phrase “concerning the terms of’ the agreement to provide medical care can reasonably be said to include the alleged malicious destruction”

   1 later decision quote this exact passage
   e.g. Klein v. State Ex Rel. Montana Department of Corrections

2. “Any dispute between the Member and Blue Cross regarding the decision of Blue Cross must be submitted to binding arbitration if the amount in dispute exceeds the jurisdictional limits of the small claims court.”

   1 later decision quote this exact passage
   e.g. Klein v. State Ex Rel. Montana Department of Corrections

3. “[T]he contractual terms themselves must be carefully examined before the parties to the contract can be ordered to arbitration,”

   1 later decision quote this exact passage
   e.g. Lacayo v. Catalina Rest. Grp. Inc.