In RN Solution, Inc. v. Catholic Healthcare West (2008) 165 Cal.App.4th 1511, the court addressed the issue of whether the third party provisions of section 1281.2, subdivision (c) applied in determining which of 16 causes of action including several tort and battery-related claims might be subject to arbitration. (RN Solution, at pp. 1517-1518.) The court held that the third party provisions were inapplicable and that "instead, the court should have first determined the arbitrable and nonarbitrable claims alleged in the complaint, ordered all of the arbitrable claims to arbitration, and stayed all such claims pending arbitration. The court would then have had discretion to delay its order to arbitrate the arbitrable claims under section 1281.2(c), only if it first determined that the adjudication of the nonarbitrable claims in court might make the arbitration unnecessary. Absent that determination, the arbitrable claims would proceed to arbitration and the nonarbitrable claims would continue to be litigated in court unless a party moved successfully pursuant to section 1281.4, to stay further litigation of such nonarbitrable claims. . . ." (Id. at pp. 1521-1522.)