Flores
Flores v. Evergreen at San Diego, LLC
Opinion
Opinion
Haller, J.
Evergreen at San Diego, LLC (Evergreen), appeals from an order denying its petition to compel arbitration of the civil action filed by Luis and Josephina Flores against Evergreen. Luis signed an arbitration agreement when admitting his wife, Josephina, into Evergreen’s skilled nursing facility. We conclude Luis did not have authority to bind his wife to the arbitration agreement. Accordingly, we affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
In May 2004, Josephina Flores, who was suffering from dementia and other ailments, was admitted to Evergreen’s skilled nursing facility. As part of the admission process, Luis Flores, Josephina’s husband, signed various documents provided by Evergreen. These included two arbitration agreements. The arbitration agreements provide for the use of arbitration in lieu of a lawsuit to resolve medical malpractice claims and other disputes arising from the facility’s provision of services.
When a patient is admitted to a skilled nursing facility, the patient or the patient’s representative must sign a standard admission agreement. (Health & Saf. Code, § 1599.61, subd. (a).) If the facility requests that the patient agree to…