Fitzhugh

Granada Healthcare and Rehabilitation Center, LLC, Devin M. Shelby, Skilled Healthcare Group, Inc., and Skilled Healthcare, LLC, appeal an order denying their petition to compel arbitration. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On September 15, 2004, 83-year-old decedent Ruth Fitzhugh was admitted to Granada Healthcare and Rehabilitation Center, LLC (Granada), to receive convalescent and custodial care for her recently repaired fractured hip. She was transferred and admitted to an acute-care hospital for treatment of a fractured femur on November 27, 2004. She died in the hospital on December 4, 2004.

In their second amended complaint, decedent’s spouse, plaintiff George Fitzhugh, as her successor in interest and individually, and decedent’s two adult sons, plaintiffs John and Frank Fitzhugh, alleged causes of action for elder abuse, fraud, violations of the Patients Bill of Rights contained in title 22, section 72527 of the California Code of Regulations, and wrongful death. They claimed that decedent’s fractured femur was sustained when she fell while she was a resident of Granada. The complaint named as defendants Granada and Skilled Healthcare Group, Inc.,…