Young

Young v. Horizon West, Inc.

Good Law
163 Cal. Rptr. 3d 704·2013 Cal. App. LEXIS 858·220 Cal. App. 4th 1122·2013 WL 5782524
Court of Appeal of CaliforniaOctober 28, 2013H038736California5,699 words

Opinion

Opinion

Elia, J.

In this appeal, the owners and operators of a skilled nursing facility appeal from an order denying their motion to compel arbitration with their former patient, plaintiff and respondent Marylin Young. Appellants assert error in the trial court’s determination that plaintiff’s daughter, Bobbi Young, lacked authority to sign an arbitration agreement on plaintiff’s behalf. Appellants further contend that the agreement was not unconscionable and therefore should have been enforced. We agree with the trial court that Bobbi’s execution of the arbitration agreement was unauthorized; accordingly, we must affirm the order on that ground alone.

Background

On September 16, 2010, plaintiff, who was then 88 years old, suffered a stroke. After a week’s hospitalization, she was transferred to Monterey Pines Skilled Nursing Facility (Monterey Pines), where she remained for 10 days until her discharge on October 4, 2010. Plaintiff’s complaint describes the following events: On September 29, 2010, about halfway through her stay at the facility, plaintiff told her daughter, Bobbi, that she needed to leave immediately. Though the stroke had impaired her ability to communicate, plaintiff…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.