Kuczkowski

I. BACKGROUND

Max filed a first amended complaint in Alameda County Superior Court in November 2013. The complaint alleged that, in the treatment of Peter, Kaiser committed malpractice and intentional tort. Max purported to represent Peter by virtue of a general durable power of attorney, a copy of which was attached to the complaint. Kaiser allegedly intubated Peter without permission or reasonable necessity. The complaint also alleged Kaiser negligently failed to actively treat Peter upon admission for cardiac arrest,

1 Because of shared surnames, we refer to the appellant and his brother by first name to avoid confusion. No disrespect is intended.

1 allowed him to lapse into a vegetative state, diagnosed him as a candidate for ceasing medical care, failed to provide care that would have prevented or lessened side effects of cardiac arrest, prescribed inappropriate medications, and performed unnecessary procedures. At a case management conference in December 2013, the trial court advised Max that, as a nonattorney, he could not represent his brother. Kaiser filed a general denial in January 2014. Kaiser filed a petition to compel arbitration pursuant to the terms of…