State Supreme Court takes on compelled arbitration and elder abuse

Torts

Goldman v. Sunbridge Healthcare LLC

Skilled nursing facility cannot require wife to arbitrate her claim based on husband’s death because she never had authority to sign arbitration agreement.

Contracts

Lee v. Southern California University For Professional Studies

Postsecondary institution's motion to compel arbitration is properly denied where law student never signed arbitration agreement.

Torts

Ruiz v. Podolsky

Wrongful death claimants are bound by arbitration agreements entered into by decedent and health care provider.

Civil Procedure

Reigelsperger v. Siller

Plaintiffs are not required to arbitrate medical malpractice claims because open-book account relationship did not exist.

Administrative Agencies

Daniels v. Sunrise Senior Living Inc.

Daughter of care facility resident who died following deterioration of health at facility does not need to arbitrate claims against facility.

Civil Procedure

Bush v. Horizon West

Denial of motion to compel arbitration is proper due to possibility of conflicting rulings between claims filed on behalf of mother and daughter’s emotional distress claim.

Bush v. Horizon West

Order

Arbitration

Avila v. Southern California Specialty Care, Inc.

A claimant alleging wrongful death due to neglect under the Elder Abuse Act is not subject to arbitration requirements under MICRA

Avila v. Southern California Specialty Care, Inc.

Opinion