Hester

I. FACTS AND PROCEDURAL BACKGROUND

When decedent Rosa T. Weatherley was admitted to Vista Pacifica’s long-term

care facility for the first time, in October 1998, she entered into two arbitration

agreements with Vista Pacifica.1 One of these agreements governs “Arbitration of

Medical Malpractice Disputes.” The second agreement governs “Arbitration of Other

Disputes,” including “any dispute arising between [the parties] from torts, contracts or

otherwise, including any claims for punitive damages and any actions brought on behalf

1 Whether Ms. Weatherley signed the documents herself or they were signed on her behalf is a matter of some dispute between the parties. It is not, however, a dispute that we need to resolve.

2 of the Resident by third-parties, but excepting claims pertaining to the amount of the

Facilities charges . . . .” Both agreements also acknowledge that “the right provided for

in Health and Safety Code Section 1430 to bring a civil action against a facility for a

violation of the regulatory Resident’s Bills of Rights . . . may not be waived.”

(Capitalization omitted.) Both agreements indicate they are to be governed by California

law.

After her initial…