Hearden

BACKGROUND

Arthur Trenerry, Danny White, Charmaine Tappen, and Ada Riggs died in 2020 while residents at Windsor Redding Care Center (the facility). Arthur’s wife Johanna Trenerry had signed documents for Arthur’s admission to the facility, including an arbitration agreement. Danny’s son Damon White, Charmaine’s son Charles Balding, and Ada’s husband Leon Riggs had done the same for Danny,1 Charmaine, and Ada, respectively. Johanna, Damon, Charles, and Ada’s sons sued defendants, asserting individual and successor claims. The first amended complaint contained causes of action for elder abuse, negligence, violation of the Patient’s Bill of Rights (Health & Safety Code, § 1430), unfair business practices, wrongful death, and fraud. Defendants moved to compel arbitration. The motion was supported by the declaration of Jeanine Holt, custodian of records for the facility. Attached to the Holt

1 We will refer to family members by their first names for clarity.

2 declaration were arbitration agreements for Arthur, Danny, Charmaine, and Ada, along with a durable power of attorney for Ada’s health care. The arbitration agreement for Arthur stated it was between the facility and Johanna,…