Ramirez v. Superior Court

163 Cal. Rptr. 223 (1980)

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Ramirez v. Superior Court

California Court of Appeal
163 Cal. Rptr. 223 (1980)

Facts

Ramirez (plaintiff) brought her nine-month-old baby, Corina (plaintiff) to the hospital with a fever and other symptoms. A nurse provided Ramirez with a Spanish version of an arbitration agreement pursuant to California Code of Civil Procedure § 1295 before providing any treatment. Section 1295 required that medical-malpractice cases calling for arbitration specify in at least 10-point bold red type that parties gave up their right to a jury trial. Rescission was permitted within 30 days of signing, and the agreement was not an adhesion contract if it met statutory requirements. Ramirez claimed that she was directed to sign it, without explanation, and that she did so without reading it because she thought she had to in order for Corina to receive treatment. An emergency-room doctor sent Ramirez and Corina home without properly diagnosing Corina with meningitis. Ramirez did not read the document at home and did not attempt to rescind the agreement within 30 days. Ramirez and Corina brought a medical-malpractice action against the hospital, alleging that Corina suffered damages for blindness and paralysis as a result of the undiagnosed meningitis. The hospital sought to compel arbitration, which the trial court granted. Ramirez and Corina sought a writ of mandamus to vacate the trial court’s order.

Rule of Law

Issue

Holding and Reasoning (White, J.)

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