Doyle v. GiuliucciDoyle v. Giuliucci
Plaintiff April Robin Doyle, a minor, appeals from a judgment entered pursuant to an order confirming an arbitration award. (See
Plaintiff’s father entered into а contract for medical and surgical services with defendant Ross-Loos Medical Group obligating that group “to provide the same care and service to dependents of the Subscriber [plaintiff’s father] as is available for the Subscriber.” The agreement also provided, “In the event of any controversy between a Subscriber or a dependent ... as the ease may be, and Ross-Loos, whether involving a claim in tort, contract or otherwise, the same shall
In 1961 plaintiff’s father notified defendants of a malpractice claim against them in connection with services to plaintiff. He wrote that he wished to submit the claim to the American Arbitration Association instead of invoking the arbitration procedures of the health care agreement. Defendants consented, but stated that they did not waive their right to arbitrate under the contractual procedures if the American Arbitration Association proceedings were abandoned or terminated without an award.
In late 1961 the board of arbitrators issued а written statement that pointed out that plaintiff’s parents had reserved the right to be appointed guardians ad litem for the child and to bring a civil action against defendants if the results of the arbitration were not satisfactory to them. It also recommended that a guardian ad litem be appointed for the arbitration proceedings and that the parents and the child have competent counsel to represent them.
In early 1962, before the arbitrators reached a decision, counsel retained by plaintiff’s father filed a malpractice action in the superior court. The court grаnted the father’s petition to be appointed guardian ad litem. Defendants moved for an order staying further proceedings and submitting the matter to arbitration. The court granted this motion over the objection that plaintiff was a minor and therefore not bound by the agreement to arbitrate. Plaintiff attempted to appeal from the order, but the appeal was properly dismissed. (
The board of arbitrators, consisting of the same persons who had previously undertaken to arbitrate the controversy, then held a hearing аt which plaintiff’s evidence was presented by counsel. The board granted defendants’ motion to deny plaintiff’s claim on the basis of that evidence. Plaintiff then petitioned the superior court to vacate the award. (
Thе authority of a parent to bind Ms child to arbitrate claims arising under a health care contract of which the cMld is a beneficiary has not been decided in this state, 1 and there is no statute expressly applicable. (Cf. N.Y. Civ. Prac. Act, § 1448.) Plaintiff contends, however, that section 35 of the Civil Code and sectiоn 1287.6 of the Code of Civil Procedure establish her right to disaffirm the contract.
With exceptions not relevant here, section 35 of the Civil Code provides, “In аll cases... the contract of a minor, if made whilst he is under the age of eighteen, may be dis-affirmed by the minor himself....” This section applies to contraсts of minors and protects them from their own improvidence in assuming contractual obligations. It does not apply to contracts between adults and is therefore not controlling on the question of a parent’s power to bind Ms child to arbitrate by entering into a contract of which the child is a third party beneficiary.
Section 1287.6 of the Code of Civil Procedure provides that an arbitration “award that has not been confirmed or vacated has thе same force and effect as a contract in writing between the parties to the arbitration.” The purpose of this section is not to afford minоrs an opportumty to dis-affirm arbitration awards, but to strengthen all such awards by making clear that they are binding as contracts even after the time for seeking judicial confirmation has expired. (See 3 Cal. Law Revision Com., Recommendation and Study Relating to Arbitration G-9; 9 U.C.L.A.L.Rev. 422, 436-437.) Since the Legislature could easily hаve provided expressly for such disaffirmance (cf.
It thus appears that no statute expressly determines the outcome of this ease. The crucial quеstion therefore is whether the power to enter into a contract for medical care that binds the child to arbitrate any dispute arising thereunder is implicit in a parent’s right and duty to provide for the care of his child (
The arbitration provision in such contracts is a reasonable restriction, for it does no more than specify a forum for the settlement of disputes. It invests parents and guardians with considerably less power over causes of action than the Legislature has authorized by permitting them to compromise minors’ claims. (
Accordingly, the trial court correctly bold that the contract between plaintiff’s father and defendants provided for arbitration of her claim and that she was bound thereby. Since no statutory grounds for vacating or refusing to cоnfirm the award appeared, defendants’ motion to confirm was properly granted.
The judgment is affirmed.
McComb, J., Peters, J., Tobriner, J., Peek, J., Mosk, J., and Burke, J., concurred.
Notes
Estate of Carpenter,