H. Termination of the Prior Arbitration.

     Immediately upon learning of Mr. Engalla's death on October 23, Mr. Rand
notified Mr. McComas of that fact and asked him to stipulate that Kaiser
would not capitalize on the delays that had plagued the arbitration.
     Specifically, Mr. Rand explained that under the case of 
          Atkins v. Strayhorn (1990)
          223 Cal.App.3d 1380 [273 Cal.Rptr. 231],
the limitation on non-economic damages of Civil Code section 3333.2 is
applied separately to the claims of a patient and his spouse who
simultaneously claims loss of consortium.
     Because Mrs. Engalla had made such a claim, Atkins authorized a total
claim for noneconomic damages of $ 500,000.
     However, upon the passing of Mr. Engalla, the case of 
          Yates v. Pollock (1987)
          194 Cal.App.3d 195 [239 Cal.Rptr. 383],
required merger of the widow's loss of consortium claim into an
indivisible claim for wrongful death, which warrants only a single general
damage claim of $250,000.
               >? Kaiser's Mission Accomplished!!
     Mr. Rand's request for a stipulation to override the effect of Yates was
flatly refused.