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Groom v. Health Net8/9/2000
reverse with directions to grant the petition. Subsequent to the trial court's ruling, however, the California Supreme Court held in Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 that a cause of action by a plaintiff as private attorney general on behalf of the general public for injunctive relief against deceptive and misleading advertising pursuant to the Consumers Legal Remedies Acts (Civ. Code, ยง 1750 et seq.) is not an arbitrable claim but rather must be severed from arbitrable claims and adjudicated in a judicial forum. The same reasoning applies to Groom's cause of action on behalf of the general public to enjoin Health Net's allegedly unfair business practices pursuant to Business and Professions Code section 17200. Groom's claims for injunctive relief on behalf of the general public pursuant to Business and Professions Code section 17200 must therefore be severed from disposition of the arbitrable claims.
disposition
The order denying appellants' petition to compel arbitration is reversed with directions to enter an order compelling arbitration consistent with the views in this opinion. Costs on appeal are awarded to appellants.
CERTIFIED FOR PUBLICATION
We concur: EPSTEIN, J. CURRY, J.
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