## Facts

- Sharyn Berg, an entertainment personal manager, entered a written “Artist’s Manager’s Agreement” (three-year term) with Meshiel Cooper Traylor (mother) and Craig Lamar Traylor (then age 10).
- Meshiel signed the agreement and wrote Craig’s name on the signature line; Craig did not sign.
- The agreement granted Berg exclusive management rights and a 15% commission on Craig’s gross earnings during the term, plus commissions tied to certain income streams and offers connected to the term, even if paid later.
- The agreement stated that any future attempt by Craig to disaffirm would not affect Meshiel’s liability for commissions owed to Berg.
- The agreement required arbitration of disputes under JAMS rules.
- During the contract term, Craig obtained a recurring role on a television program.
- Before the agreement expired, Meshiel notified Berg that they no longer needed her services and could not afford the 15% commission; Berg responded that they were in breach.
- Berg sued Meshiel and Craig for contract and related claims, including repayment of alleged loans.
- The matter proceeded to JAMS arbitration; Berg and Meshiel appeared (Meshiel without counsel), and Craig did not appear.
- Craig had no separate counsel and no guardian ad litem at any point in the arbitration.
- The arbitrator awarded Berg damages for unpaid commissions and loans, plus additional sums for projected future commissions and attorney’s fees; as to Craig, the award functioned as a default-type result.
- Berg petitioned to confirm the award; Meshiel and Craig sought to vacate it, and Craig disaffirmed both the contract and the arbitration award based on minority.
- The trial court held the vacatur request untimely and confirmed the award against both Meshiel and Craig.

## Issues

1. Whether a minor may disaffirm an entertainment management agreement under California Family Code section 6710 when the agreement was not judicially approved under statutes governing minors’ entertainment contracts.
2. Whether a minor’s disaffirmance extends to an arbitration clause and an arbitration award arising from the contract, particularly where the minor lacked a guardian ad litem and separate counsel.
3. Whether an adult parent who signed the agreement remains liable for commissions and amounts awarded in arbitration despite the minor’s disaffirmance, and whether the parent’s challenges to the award were barred as untimely.

## Decision

- The Court of Appeal affirmed in part and reversed in part.
- As to Craig, the court reversed confirmation of the arbitration award, holding that he had a statutory right to disaffirm both the management agreement and the arbitration award.
- As to Meshiel, the court affirmed the judgment confirming the award, holding that she remained liable as an adult signatory and that her effort to vacate the award was procedurally barred.
- The court treated the absence of a guardian ad litem and separate counsel for Craig as reinforcing the need to apply statutory protections for minors.
- The disposition left the confirmed arbitration award enforceable against Meshiel but not against Craig.

## Legal Principles

- Under California Family Code § 6710, a minor may disaffirm a contract before reaching majority or within a reasonable time thereafter, absent a statutory exception.
- Contract provisions cannot waive or eliminate a minor’s statutory disaffirmance right; protective statutes control over private drafting.
- When a contract containing an arbitration clause is disaffirmed by a minor under § 6710, the disaffirmance can extend to arbitration conducted pursuant to that clause and to the resulting award.
- Courts give strong effect to statutory deadlines and limited review rules governing petitions to vacate arbitration awards; once the period lapses, relief is narrowly constrained.
- An adult who independently undertakes obligations in a contract with a minor may remain liable even if the minor later disaffirms, including where the agreement expressly preserves the adult’s liability.

## Conclusion

The court held that a minor retained the statutory right to disaffirm an unapproved entertainment management agreement and the arbitration award derived from it, requiring reversal of the confirmed award as to the minor, while upholding the confirmed award against the adult parent who signed the agreement and failed to timely vacate the arbitration result.


Berg v. Traylor, 148 Cal. App. 4th 809 (Ct. App. 2d Dist. 2007)