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Pietrelli v. Peacock, 16 Cal. Rptr. 2d 688 (1993)The question before the court was whether a child was bound by an arbitration agreement signed by his mother before the child was even conceived. Pietrelli's mother executed an arbitration agreement with the physician that covered "any controversy between me and Doctor concerning medical care and any such controversy between Doctor and persons, born or unborn, on behalf of whom I have the power to contract…." The court stated that "it has long been the law that a parent has the power to bind a minor child to arbitration of claims arising from the minor's health care contract, which has been implied from the parent's duties and rights as the child's guardian. At the moment of conception, the child became an 'unborn person' within the definition set forth" in their contract.
Hilleary v. Garvin, 238 Cal.Rptr. 247 (Cal.App.1987)Hilleary executed an arbitration agreement on her initial visit to determine whether she was pregnant. She was diagnosed as pregnant with the threat of miscarriage due to fibroid tumors. After a miscarriage, Hilleary later agreed to surgery to remove the tumors, and complications arose in this surgery. Hilleary argued that the arbitration agreement applied only to the pregnancy and not the subsequent surgery. The Court found the broad language of the arbitration agreement was clear and that sufficient steps were taken to make a valid agreement.
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