Rodriguez
Rodriguez v. Superior Court
Opinion
Opinion
Jackson, J.
INTRODUCTION
Petitioner Rion Alicia Newton Rodriguez (Rodriguez) seeks writ relief from an order of the Superior Court of Los Angeles County granting the petition to arbitrate brought by real parties in interest Sandy Witzling, M.D., individually, and Sandy Witzling, M.D., Inc. (collectively Witzling), and staying the action as to them. We grant the petition.
FACTUAL AND PROCEDURAL BACKGROUND
Rodriguez is a minor bom in August 1998 to her mother, Lee M. Newton (Newton). On October 17, 2006, four days prior to Newton’s routine gallbladder surgery, she executed a physician-patient arbitration agreement (Arbitration Agreement) offered to her by real party in interest Sandy Witzling, M.D., in accordance with his custom and practice for all new patients.
The Arbitration Agreement included text as described in Code of Civil Procedure section 1295, subdivisions (a), (b) and (c), applicable to agreements to arbitrate medical malpractice claims. The following provision appeared just above the signature line, in bold red type: “NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR…