 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Turner v. Superior Court of Los Angeles County11/24/1998
CERTIFIED FOR PUBLICATION
Super. Ct. No. VC024213
ORIGINAL PROCEEDING, petition for a writ of mandate, Thomas I. McKnew, Jr., Judge. Petition denied.
This is a medical malpractice action against a health care service plan in which the trial court granted the defendant's petition to compel arbitration. The plaintiff, in turn, asked the trial court to order the defendant to pay the fees charged by the plaintiff's party arbitrator. The trial court refused, and the plaintiff filed a petition for a writ of mandate, which we summarily denied. The plaintiff then filed a petition for review by the Supreme Court, which was granted, and the case was transferred back to us with directions to issue an order to show cause. We complied, and heard argument. As we will explain, the record is wholly insufficient to consider the issue raised by the plaintiff, and we again deny the petition.
BACKGROUND
Arianna Turner, a minor acting through her mother (Wendy Turner) as guardian ad litem, sued Kaiser Foundation Health Plan, Inc. and its related entities for medical malpractice. At about the same time (March 1997), Arianna filed an application for a waiver of court fees and costs supported by a declaration in which Wendy checked a box on a Judicial Council form to show that she was then receiving financial assistance under the "Supplemental Security Income Program" and the "State Supplemental Payments Program." This is the only information in the record about Wendy's financial condition, and there is nothing in the record about Arianna's financial condition. We do not know the identity of Arianna's father or his income or assets, or whether Arianna has any other source of income. We do not know whether Arianna's parents are married to each other or at all. We do not know where Arianna resides.
Kaiser answered the complaint, and then filed a petition to compel arbitration pursuant to the Group Medical and Hospital Service Agreement accepted by Arianna's grandfather and through which Arianna had received the medical services at issue in this case. The Agreement includes a provision for binding arbitration. With regard to the selection of arbitrators (the claimant and Kaiser each select a party arbitrator who together select a neutral arbitrator) and payment of the neutral arbitrator's costs, the Agreement provides that "Claimant and [Kaiser] each shall designate an arbitrator and give written notice of such designation to the other, and Claimant shall forward a check for $150 made payable to Kaiser . . . . This $150 will be deposited with [Kaiser's] $150 in a special account maintained by [a specified bank]. These funds provide the initial funds to pay the fees of the neutral arbitrator and expenses of arbitration as approved by him or her, which fees and expenses shall be borne equally by the parties. `Expenses of arbitration' does not include counsel or witness fees or other expenses incurred by a party for his or her own benefit. Said account shall be replenished from time to time as directed by the neutral arbitrator. Within 30 days after these notices have been given and payments made, the two arbitrators so selected shall select a neutral arbitrator and give notice of the selection to Claimant and [Kaiser], and the three arbitrators shall hold a hearing within a reasonable time thereafter."
Arianna opposed the petition to compel arbitration. In the alternative, she asked that, "should arbitration be compelled, . . . the Court order, as a condition thereof, pursuant to Health & Safety Code [sections] 1373.19 and 1373.20, that . . . Kaiser pay the entire cost of the arbitration, as [Arianna] is a brain-damaged six-year old, and is indig
Page 1 2 3 4 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|