Condee

Defendants Longwood Management Corp. (case No. G027263) and Ira David Enterprises, Inc. (case No. G027773) appeal from a denial of their petitions to compel arbitration for failure to authenticate the alleged arbitration agreement; Longwood Management also appeals from the denial of its motion to reconsider. We conclude the court erred in denying the petitions and reverse.

Facts

Joaquin Penilla was a resident of Parkhurst Retirement Residence (Parkhurst), a residential care facility. Upon commencement of Penilla’s residence at Parkhurst, Penilla’s sister, plaintiff Marta Felix Condee, allegedly signed an arbitration agreement in his name. The agreement purported to bind the parties to arbitration for any dispute, “including actions for injury or death arising from facilities negligence,” but excluding “disputes pertaining to collections and evictions.” Penilla slipped and fell in the Parkhurst facility. After considerable time spent in medical facilities, he died.

Condee and Brenda Yates, Penilla’s heirs, sued Longwood Management Corp. (Longwood), the company operating Parkhurst, for wrongful death. The complaint alleged general negligence, negligent supervision,…