Turner

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…