Theresa D. v. MBK Senior Living CA1/3

Good Law
Court of Appeal of CaliforniaNovember 30, 2021A163312California4,534 words

Opinion

Opinion

Filed 11/30/21 Theresa D. v. MBK Senior Living CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THERESA D.,

Plaintiff and Respondent,

A163312

v. MBK SENIOR LIVING, LLC et al., (Sonoma County Super. Ct. No. SCV-268130) Defendants and Appellants.

Defendants, operators of the Muirwoods Memory Care assisted living facility (Muirwoods), a residential care facility for the elderly (RCFE) appeal an order denying their petition to compel arbitration of plaintiff Theresa D.’s claims against them for elder abuse and neglect.1 We agree with the trial court that plaintiff is not bound by an arbitration agreement her daughter signed on her behalf when placing her at Muirwoods, and accordingly we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff brought…

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